Madras High Court
K.Subramani vs The Inspector Of Police on 6 April, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.04.2016 CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.12866 of 2016 K.Subramani .. Petitioner Vs. The Inspector of Police, Puduchatram Police Station, Namakkal 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 Kalangani Arulmighu Sri Mariamman Koil Thiruvizha on 19.04.2016 at Namakkal Taluk and District, by considering the petitioner's representation, dated 02.04.2016. For Petitioner : Mr.R.P.Murugan Raja For Respondent : Mr.M.Dig Vijay Pandian, Addl.G.P. ORDER
Seeking permission to conduct the cultural programme on 19.04.2016 in Kalangani Arulmighu Sri Mariamman Temple festival at Namakkal Taluk and District, the petitioner made a representation, dated 02.04.2016 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, 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 19.04.2016 in Kalangani Arulmighu Sri Mariamman Temple festival at Namakkal Taluk and District, however, with the following conditions:-
(a) The cultural programme on 19.04.2016 in Kalangani Arulmighu Sri Mariamman Temple festival at Namakkal Taluk and 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 respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
06.04.2016 cs Copy to The Inspector of Police, Puduchatram Police Station, Namakkal District.
R.SUBBIAH,J cs W.P.No.12866 of 2016 06.04.2016