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Madras High CourtWP/7598/2016disposed of

D.Suntharrajan, v. The Inspector Of Police,

2016-03-01Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.7598 of 2016 D.Suntharrajan ... Petitioner Vs.

The Inspector of Police, Namagiri Pettai Police Station, Namakkal District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent authority to grant permission and protection to conduct the dance program at Vellakal Patty Sri Vinayagar Kovil and Sri Mariamman Kovil festival on 09.03.2016 and subsequently the petitioner representation dated 24.02.2016 at Kannukarar Thottam, Vellakkal Patty Post, Namagiri Pettai (via) Rasipuram Taluk, Namakkal District.

For Petitioner : Mr.K.Arunbabu For Respondent : Mr.S.V.Durai Solaimalai, Additional Government Pleader

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2. Seeking permission to conduct cultural programme on 09.03.2016 in Vellakal Patty Sri Vinayagar Kovil and Sri Mariamman Kovil festival to be held at Kannukarar Thottam, Vellakkal Patty Post, Namagiri Pettai (via) Rasipuram Taluk, Namakkal District, the petitioner made a representation dated 24.02.2016 to the respondent. As the same has not been considered, the present writ petition has been filed.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

4.

Learned Additional Government Pleader, on instructions, would submit that there is likelihood of law and order problem.

5. A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter, the writ petition is allowed and the petitioner is permitted to conduct cultural programme on 09.03.2016 in Vellakal Patty Sri Vinayagar Kovil and Sri Mariamman Kovil festival to be held at Kannukarar Thottam, Vellakkal Patty Post, Namagiri Pettai (via) Rasipuram Taluk, Namakkal District, however, with the following conditions:- (a) The cultural programme in connection with temple Festival at Kannukarar Thottam, Vellakkal Patty Post, Namagiri Pettai (via) Rasipuram Taluk, Namakkal District to be held on 09.03.2016 between 06.00 p.m. to 11.00 p.m. (b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

(c)Double meaning songs should not be played so as to spoil the minds of students and youths.

(d)No dance or songs, touching upon any political party or religion or community or caste be played.

(e)No flex boards in support of any political party or communal leader be erected.

(f)The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(g)If there is any violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance.

(h)Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time; and (i)The respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar tsh.

To The Inspector of Police, Namagiri Pettai Police Station, Namakkal District.

+1cc to Mr.K.Arunbabu, Advocate, S.R.No.13132 +1cc to the Government Pleader, S.R.No.13231 W.P.No.7598 of 2016 ALA(CO) CA(07/03/2016)