Madras High Court
R.Palaniappan vs The Deputy Superintendent Of Police on 30 March, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
W.P.No.11765 of 2016
R.Palaniappan .. Petitioner
Vs.
1. The Deputy Superintendent of Police,
Paramathi Velur Sub-Division,
Paramathi Velur, Namakkal District.
2. The Inspector of Police,
Velagoundampatti Police Station,
Namakkal District.
3. The Sub-Inspector of Police,
Nallur Police Station,
Namakkal District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to give permission to conduct a cultural programme during the temple festival of Arulmighu Sri Mariamman and Sri Ponkaliamman Temples situate at Nallur Village, Paramathi Velur Taluk, Namakkal District, between 9.00 p.m. to 12.00 p.m. on 11.04.2016 by considering the petitioner's representation, dated 22.03.2016.
For Petitioner : Mr.N.Manokaran
For Respondents : Mr.R.A.S.Senthilvel, Addl.G.P.
ORDER
Seeking permission to conduct the cultural programme on 11.04.2016 in Arulmighu Sri Mariamman and Sri Ponkaliamman Temples festival at Nallur Village, Paramathi Velur Taluk, Namakkal District, the petitioner made a representation, dated 22.03.2016 to the respondents. 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, submitted 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 allowed and the petitioner is permitted to conduct the cultural programme on 11.04.2016 in Arulmighu Sri Mariamman and Sri Ponkaliamman Temples festival at Nallur Village, Paramathi Velur Taluk, Namakkal District, however, with the following conditions:-
(a) The cultural programme which is scheduled to be held on 11.04.2016 in Arulmighu Sri Mariamman and Sri Ponkaliamman Temples festival at Nallur Village, Paramathi Velur Taluk, Namakkal District, 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 programme, if it exceeds beyond the permitted time.
(i) The respondents are directed to issue necessary permission, incorporating the above conditions.
No costs.
30.03.2016 Office to note:
Issue order copy on or before 06.04.2016.
cs Copy to
1. The Deputy Superintendent of Police, Paramathi Velur Sub-Division, Paramathi Velur, Namakkal District.
2. The Inspector of Police, Velagoundampatti Police Station, Namakkal District.
3. The Sub-Inspector of Police, Nallur Police Station, Namakkal District.
R.SUBBIAH,J cs W.P.No.11765 of 2016 30.03.2016