C.Raja, S/O.Chinnaya Gounder, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.8368 of 2016 C.Raja .. Petitioner Vs.
The Inspector of Police, Singarapettai Police Station, Uthangarai Taluk, Krishnagiri District.
.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent to consider the petitioner's representation, dated 01.03.2016 and grant permission to the petitioner in order to conduct the cultural and adventure programme and to give Police protection, which is scheduled to be held on 08.03.2016 in Sri Dhurobadhai Amman Temple, situated at Govindhapuram Village and Post, Uthangarai Taluk, Krishnagiri District. For Petitioner : Mr.D.Jagadeesan For Respondents : Mr.R.A.S.Senthilvel, Addl.G.P.
ORDER
Seeking permission to conduct the cultural and adventure programme on 08.03.2016 in Sri Dhurobadhai Amman Temple, situated at Govindhapuram Village and Post, Uthangarai Taluk, Krishnagiri District, the petitioner made a representation dated 01.03.2016 to the respondent. As the same has not been considered, the present writ petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.
3. Learned Additional Government Pleader, on instructions, would submit that there is likelihood of law and order problem.
4. 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 disposed of and the petitioner is permitted to conduct the cultural and adventure programme on 08.03.2016 in Sri Dhurobadhai Amman Temple, situated at Govindhapuram Village and Post, Uthangarai Taluk, Krishnagiri District, however, with the following conditions:- (a) The cultural and adventure programme in connection with Sri Dhurobadhai Amman Temple, situated at Govindhapuram Village and Post, Uthangarai Taluk, Krishnagiri District, which is scheduled to be held on 08.03.2016, should be held between 06.00 p.m. and 10.30 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 cultural and adventure programme, if it exceeds beyond the permitted time.
(i) The respondent is directed to issue necessary permission, incorporating the above conditions. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar cs
Copy to 1.The Inspector of Police, Singarapettai Police Station, Uthangarai Taluk, Krishnagiri District.
2.The Public Prosecutor High Court, Madras +1 cc to Mr.D.Jagadeesan Advocate sr.14307 W.P.No.8368 of 2016 aa07/03/2016