K.Venkatesan, v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 4/3/2016 C O R A M THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.8114 of 2016 K.Venkatesan ... Petitioner Vs The Inspector of Police Kannankurichi Police Station Kannankurichi Post Salem District.

... Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondent to consider the petitioner's representation dated 29/2/2016 made to the respondent and consequently direct the respondent to grant permission to the petitioner in order to conduct the cultural programme and to give protection for the said program which is schedule to be held on 12/3/2016 at 6.00 p.m., to 10 p.m., at Shri Selvamari Amman Temple in 13th Ward, Kannakurichi Post, Salem District. For Petitioner :

Ms.G.Nirmala Devi For respondent :

Mr.V.S.Ramesh Government Advocate

O R D E R

With the consent of the learned counsel appearing on either side, this writ petition is taken up for final disposal, at the admission stage itself.

2. Heard Ms.G.Nirmala Devi, learned counsel for the petitioner and Mr.V.S.Ramesh, learned Government Advocate for the respondent.

3. Seeking permission to conduct cultural programme, on 12/3/2016, at Shri Selvamari Amman Temple in 13th Ward, Kannakurichi Post, Salem District, by considering the

petitioner's representation dated 29/2/2016, to the respondent. As the same has not been considered, the present writ petition has been filed.

4. The 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.

6. In such view of the matter, the writ petition is allowed and the petitioner is permitted to conduct cultural programme, on 12/3/2016 at Shri Selvamari Amman Temple in 13th Ward, Kannakurichi Post, Salem District, by considering the petitioner's representation, dated 29/2/2016, however with the following conditions:- (a). The cultural programme in connection with temple Festival at Shri Selvamari Amman Temple in 13th Ward, Kannakurichi Post, Salem District, to be held on 12/3/2016 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; and (h). Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time.

(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 mvs.

To The Inspector of Police Kannankurichi Police Station Kannankurichi Post Salem District.

+1cc to Ms.G.Nirmala Devi, Advocate, S.R.No.13902 +1cc to the Government Pleader, S.R.No.14279 W.P.No.8114 of 2016 CA(07/03/2016)