Madras High Court
Govindaraj vs The Inspector Of Police on 19 February, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.02.2016 CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.6161 of 2016 Govindaraj .. Petitioner Vs. The Inspector of Police, Erumapatti Police Station, Erumapatti, Namakkal 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 dance programme in Arulmighu Sree Mariamman Kovil, Beema Naickanur at Pudhukkottai Post, Senthamangalam Tk., Namakkal District on 24.02.2016, based on the petitioner's representation, dated 17.02.2016. For Petitioner : Mr.S.Varanesh For Respondent : Mr.P.Sanjay Gandhi, Addl.G.P. ORDER
Seeking permission to conduct the dance programme on 24.02.2016 in Arulmighu Sree Mariamman Kovil, Beema Naickanur at Pudhukkottai Post, Senthamangalam Tk., Namakkal District, the petitioner made a representation, dated 17.02.2016 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 dance programme on 24.02.2016 in Arulmighu Sree Mariamman Kovil, Beema Naickanur at Pudhukkottai Post, Senthamangalam Tk., Namakkal District, however, with the following conditions:-
(a) The dance programme in connection with the above Temple Festival, which is scheduled to be held on 24.02.2016 in Arulmighu Sree Mariamman Kovil, Beema Naickanur at Pudhukkottai Post, Senthamangalam Tk., Namakkal District, 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 dance programme, if it exceeds beyond the permitted time.
(i) The respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
19.02.2016 Office to note: Issue order copy by 22.02.2016.
cs Copy to The Inspector of Police, Erumapatti Police Station, Erumapatti, Namakkal District.
R.SUBBIAH,J cs W.P.No.6161 of 2016 19.02.2016