Madras High Court
P.Thangaraj vs The Superintendent Of Police on 20 April, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
W.P.No.14525 of 2016
P.Thangaraj ... Petitioner
Vs.
1 The Superintendent of Police
Salem District
2 The Deputy Superintendent of Police
Yercaud, Salem District.
3 The Inspector of Police
Yercaud Police Station,
Salem District. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to grant permission based on petitioner's representation dated 13.04.2016 to conduct the programme which is scheduled to be held on 24.04.2016 at Sri Periya Mariamman situate at Sorakaipatti Village, Muluvi Village, Yercaud Taluk, Salem District.
For Petitioner : Mr.C.Prabakaran
For Respondents : Mr.S.Navaneethan
Additional Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal.
2.Seeking permission to conduct cultural programme on 24.04.2016 at Sri Periya Mariamman situate at Sorakaipatti Village, Muluvi Village, Yercaud Taluk, Salem District, the petitioner made a representation dated 13.04.2016 to the respondent. As the same has not been considered, the present writ petition has been filed.
3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.
4.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. In such view of the matter, the writ petition is allowed and the petitioner is permitted to conduct cultural programme on 24.04.2016 at Sri Periya Mariamman situate at Sorakaipatti Village, Muluvi Village, Yercaud Taluk, Salem District, however, with the following conditions:-
(a) The cultural programme in connection with temple Festival at Sri Periya Mariamman situate at Sorakaipatti Village, Muluvi Village, Yercaud Taluk Salem District, to be held on 24.04.2016 between 06.00p.m. to 10.30 p.m.
(b) There should not be any kind of obscene dance or vulgar dialogue 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 R.SUBBIAH,J.
pri 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. Further, the respondent is directed to issue necessary permission, incorporating the above conditions. No costs. 20.04.2016 pri Index: Yes/ No Internet: Yes/ No Note: Issue order copy on 21.04.2016 To 1 The Superintendent of Police Salem District 2 The Deputy Superintendent of Police Yercaud, Salem District.
3 The Inspector of Police Yercaud Police Station, Salem District.
W.P.No.14525 of 2016 20.04.2016