Madras High Court
M.Murugesan vs The Deputy Superintendent Of Police on 27 July, 2017
Author: M.S.Ramesh
Bench: M.S.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2017
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH
W.P.No.19254 of 2017
M.Murugesan .. Petitioner
Vs
1. The Deputy Superintendent of Police,
Arani,
Tiruvannamalai District.
2. The Sub Inspector of Police,
Arani Taluk Police Station,
Arani, Tiruvannamalai District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus to direct the respondent to give permission to conduct a Light Music show scheduled to be held on 30.07.2017 at Arulmigu Muthumariamman Temple, Vettiyanthozhuvam, Arani Taluk, Thiruvannamalai District, by considering the petitioner's representation dated 12.07.2017 and 17.07.2017.
For Petitioner : Mr.J.Ashok
For Respondents : Mr.D.Vairamoorthy,
Special Government Pleader.
O R D E R
Seeking permission to conduct Cultural Program (Adalum Padal Programme) in the event of Arulmigu Muthumariamman Temple, Vettiyanthozhuvam, Arani Taluk, Thiruvannamalai District, the petitioner made a representations dated 12.07.2017 and 17.07.2017 to the respondents. 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 respondent.
3. Learned Special Government Pleader, on instructions, would submit that there is likelihood of arising 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 Light Music Show in the event of Arulmigu Muthumariamman Temple, Vettiyanthozhuvam, Arani Taluk, Thiruvannamalai District, however, with the following conditions:-
(a) The cultural programme in connection with in the event of Arulmigu Muthumariamman Temple, Vettiyanthozhuvam, Arani Taluk, Thiruvannamalai District, shall be conducted on 30.07.2017 between 06.00 p.m. to 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.
5. The respondent is directed to issue necessary permission, incorporating the above conditions. No costs.
27.07.2017 Index : Yes/No Internet : Yes/ No rka Note : Issue order copy on 28.07.2017 To
1. The Deputy Superintendent of Police, Arani, Tiruvannamalai District.
2. The Sub Inspector of Police, Arani Taluk Police Station, Arani, Tiruvannamalai District.
3. The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
rka WP.No.19254 of 2017 27.07.2017