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Madras High CourtWP/8371/2016disposed of

A.P.Subramaniam v. The Inspector Of Police

2016-03-07Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.8371 of 2016 A.P.Subramaniam .. Petitioner Vs.

The Inspector of Police, Karungalpalayam Police Station, Erode 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 authority to give permission to conduct the cultural programme in the event of Annai Sathya Nagar Sri Kannimar Amman Koil Thiruvizha on 30.03.2016 at Annai Sathya Nagar, Erode Taluk and District, by considering the petitioner's representation, dated 02.03.2016.

For petitioner : Mr.R.P.Murugan Raja For Respondent : Mrs.P.Rajalakshmi, Govt. Advocate

ORDER

Seeking permission to conduct cultural programme on 30.03.2016 in Annai Sathya Nagar Sri Kannimar Amman Temple festival at Annai Sathya Nagar, Erode Taluk and District, the petitioner made a representation dated 02.03.2016 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 Government Advocate appearing for the respondent.

3. Learned Government Advocate, 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 https://hcservices.ecourts.gov.in/hcservices/

event of permission being granted. In such view of the matter, the Writ Petition is allowed and the petitioner is permitted to conduct the cultural programme on 30.03.2016 in Annai Sathya Nagar Sri Kannimar Amman Temple festival at Annai Sathya Nagar, Erode Taluk and District, however, with the following conditions:- (a) The cultural programme in connection with Annai Sathya Nagar Sri Kannimar Amman Temple festival at Annai Sathya Nagar, Erode Taluk and District, which is scheduled to be held on 30.03.2016, 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 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-VI) //True Copy// Sub Assistant Registrar cs Copy to The Inspector of Police, Karungalpalayam Police Station, Erode District.

+1 cc to Mr.Murugan Raja, Advocate, sr.14480 +1 cc to Government Pleader, sr.14960 W.P.No.8371 of 2016 mg co kra 14.03.2016 https://hcservices.ecourts.gov.in/hcservices/