Madras High Court
A. Ganeshamurthy vs The Inspector Of Police on 19 May, 2016
Author: K.Kalyanasundaram
Bench: K.Kalyanasundaram
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.05.2016 CORAM THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.18053 of 2016 A. Ganeshamurthy ..Petitioner Vs. The Inspector of Police, Nallur Police Station, Namakkal District. ..Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the respondent to give permission to conduct the dance programme on 25.05.2016 in the event of Arulmigu Muthukumarasamy Thirukoil, Kanthampalayam Post, Paramthivelur Taluk, Namakkal District. For Petitioner :: Mr.R. Sampath For Respondent :: Mr.P. Sanjay Gandhi, Addl. Govt. Pleader O R D E R
Seeking permission to conduct dance programme in the event of temple festival of Arulmigu Muthukumarasamy Thirukoil, Kanthampalayam Post, Paramthivelur Taluk, Namakkal District on 25.05.2016, the petitioner made a representation dated 13.05.2016 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, would submit that there is likelihood of arising 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 cultural programme in the event of temple festival of Arulmigu Muthukumarasamy Thirukoil, Kanthampalayam Post, Paramthivelur Taluk, Namakkal District on 25.05.2016 however, with the following conditions:-
(a) The cultural programme in the event of temple festival of Arulmigu Muthukumarasamy Thirukoil, Kanthampalayam Post, Paramthivelur Taluk, Namakkal District, shall be conducted on 25.05.2016 between 06.00 p.m. and 11.00 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 shall be played.
(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) If there is 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 forthwith; and
(h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.
(i) The respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
19.05.2016 nv (Note: Issue the order copy on 23.05.2016) To The Inspector of Police, Nallur Police Station, Namakkal District.
K.KALYANASUNDARAM, J., nv W.P.No.18053 of 2016 19.05.2016