Madras High Court
P.Boopalan vs The Inspector Of Police on 15 February, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.02.2016 CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.5521 of 2016 P.Boopalan .. Petitioner Vs. The Inspector of Police, Irumpalai Police Station, Salem 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 at Anna Nagar Sri Sakthi Kaliamman Koil Thiruvizha on 27.02.2016 by considering the petitioner's representation, dated 10.02.2016. For Petitioner : Mr.R.P.Murugan Raja For Respondent : Mr.R.A.S.Senthilvel, Addl.G.P. ORDER
Seeking permission to conduct the cultural programme on 27.02.2016 at Anna Nagar Sri Sakthi Kaliamman Koil Thiruvizha, petitioner made a representation dated 10.02.2016 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 27.02.2016 at Anna Nagar Sri Sakthi Kaliamman Koil Thiruvizha, however, with the following conditions:-
(a) The cultural programme in connection with the above Temple Festival, which is scheduled to be held on 27.02.2016, 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.
15.02.2016 Office to note: Issue order copy by 22.02.2016.
cs Copy to The Inspector of Police, Irumpalai Police Station, Salem District.
R.SUBBIAH,J cs W.P.No.5521 of 2016 15.02.2016