Madras High Court
C. Bharathi Mano vs The Superintendent Of Police on 28 January, 2016
Author: M.M. Sundresh
Bench: M.M. Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.01.2016 CORAM THE HONOURABLE MR. JUSTICE M.M. SUNDRESH W.P. No. 2913 of 2016 C. Bharathi Mano ..Petitioner Vs. 1. The Superintendent of Police, Salem District, Salem. 2. The Inspector of Police, Fairlands Police Station, Salem City, Salem District. ..Respondents Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondents to grant permission and protection to conduct the cinema dance programme which is scheduled to be held on 04.02.2016 at Sri Mariamman and Kaliamman Temple at Kombai patty, Salem 8, Salem District. For Petitioner :: Mr.M.R. Elavarasan For Respondents :: Mr.V. Subbiah, Special Govt. Pleader O R D E R
Seeking permission to conduct dance programme on 04.02.2016 in the event of temple festival of Sri Mariamman and Kaliamman Temple at Kombaipatty, Salem -8, Salem District, the petitioner made a representation dated 18.01.2016 to the 2nd 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 Special Government Pleader appearing for the respondents.
3. Learned Special 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 allowed and the petitioner is permitted to conduct dance programme on 04.02.2016 in the event of temple festival of Sri Mariamman and Kaliamman Temple at Kombaipatty, Salem-8, Salem District, however, with the following conditions:-
(a) The dance programme in the event of temple festival of Sri Mariamman and Kaliamman Temple Festival at Kombaipatty, Salem 8, Salem District, be held on 04.02.2016 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; and
(h)Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time.
(i)The respondents are directed to issue necessary permission, incorporating the above conditions.
No costs.
28.01.2016 nv (Note to Office: Issue order copy on 29.01.2016) M.M. SUNDRESH,J.
nv To
1. The Superintendent of Police, Salem District, Salem.
2. The Inspector of Police, Fairlands Police Station, Salem City, Salem District.
W.P. No. 2913 of 201628.01.2016