Madras High Court
S.Ramalingam vs The Inspector Of Police on 23 February, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
W.P.No.6579 of 2016
S.Ramalingam ... Petitioner
Vs.
The Inspector of Police
Karungkal Palayam Police Station
Erode District. ... Respondent
PRAYER : Writ 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 Program at Mo.Thanneer Panthal Palayam, Arulmighu Sri Mariamman Kovil Festival on 24.02.2016 and subsequently the petitioner representation dated 19.02.2016 at Muthanneer Panthal Palayam, B.P.Agaragaram, R.N.Pudhur Post, Erode District.
For Petitioner : Mr.V.Ravichandran
For Respondent : Mr.P.Karthikeyan
Government Advocate
O R D E R
Seeking permission to conduct dance programme on 24.02.2016 at Mo.Thanneer Panthal Palayam in Arulmighu Mariamman ThiruKovil Festival, the petitioner made a representation dated 19.02.2016 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 Government Advocate appearing for the respondent.
3. Learned Government Advocate, on instructions, would submit 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 dance programme on 24.02.2016 in Arulmighu Mariamman Thirukovil Festival at Mo.Thanneer Panthal Palayam, B.P.Agraharam, R.N.Pudhur Post, Erode District, however, with the following conditions:-
(a) The dance programme in connection with temple Festival at Mo.Thanneer Panthal Palayam, B.P.Agraharam, R.N.Pudhur Post, Erode District to be held on 24.2.2016 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; and
(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.
23.02.2016 R.SUBBIAH,J., rk Index: Yes/No (Note: Issue on 23.02.2016) To The Inspector of Police Karungkal Palayam Police Station, Erode District.
W.P.No.6579 of 201623.02.2016