Madras High Court
R.Karunakaran vs The Inspector Of Police on 6 April, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.04.2016 CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.12853 of 2016 R.Karunakaran .. Petitioner Vs. The Inspector of Police, Jayangondam Police Station, Jayangondam, Udaiyarpalayam Taluk, Ariyalur District-621 802. .. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondent to grant permission and protection to conduct cultural programme (dance and music programme) in Sri Maga Mariamman Temple, situated at No.17, Vadakku Street, Pitchanur and Post, Udaiyarpalayam Taluk, Ariyalur District-612 901, scheduled to be held on 18.04.2016 from 6.00 p.m. to 11.00 p.m. For Petitioner : Mr.N.Desinghu For Respondents : Mr.M.Dig Vijay Pandian, Addl.G.P. ORDER
Seeking permission to conduct the cultural programme (dance and music programme) on 18.04.2016 in Sri Maga Mariamman Temple, situated at Vadakku Street, Pitchanur and Post, Udaiyarpalayam Taluk, Ariyalur District-612 901, the petitioner made a representation, dated 01.04.2016 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 (dance and music programme) on 18.04.2016 in Sri Maga Mariamman Temple, situated at Vadakku Street, Pitchanur and Post, Udaiyarpalayam Taluk, Ariyalur District-612 901, however, with the following conditions:-
(a) The cultural programme (dance and music programme) on 18.04.2016 in Sri Maga Mariamman Temple, situated at Vadakku Street, Pitchanur and Post, Udaiyarpalayam Taluk, Ariyalur District-612 901, 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 programme, if it exceeds beyond the permitted time.
(i) The respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
06.04.2016 cs Copy to The Inspector of Police, Jayangondam Police Station, Jayangondam, Udaiyarpalayam Taluk, Ariyalur District-621 802.
R.SUBBIAH,J cs W.P.No.12853 of 2016 06.04.2016