Madras High Court
L. Arunkumar vs The Inspector Of Police on 8 January, 2016
Author: M.M.Sundresh
Bench: M.M. Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.01.2016 CORAM THE HONOURABLE MR. JUSTICE M.M. SUNDRESH W.P. No. 607 of 2016 L. Arunkumar ..Petitioner Vs. The Inspector of Police, VEllakoil Police Station, Tiruppur District. ..Respondent Prayer: Petition filed under Article 226 of The Constitution of India praying for issue a writ of mandamus directing the respondent to give permission on the basis of the representation given by the petitioner to the respondent on 05.01.2016 to conduct the dance programmes in the event of Sri Sakthi Vinayagar Koil Festival on 15.01.2016 at Vaikkalmettupudur, Mangalampatti Post, Muthur, Tiruppur District. For Petitioner :: Ms.D. Uma Devi For Respondent :: Mr.P. Karthikeyan, Govt. Advocate ORDER
Seeking permission to conduct dance programmes in the event of Sri Sakthi Vinayagar Koil Festival at Vaikkalmettupudur, Mangalampatti Post, Muthur, Tiruppur District on 15.01.2016, the petitioner made a representation dated 05.01.2016 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 programmes on 15.01.2016 in the event of Sri Sakthi Vinayagar Koil Festival at Vaikkalmettupudur, Mangalampatti Post, Muthur, Tiruppur District, however, with the following conditions:-
(a) The dance programmes in connection with temple Festival of Sri Sakthi Vinayagar Koil at Vaikkalmettupudur, Mangalampatti Post, Muthur, Tiruppur District be held on 15.01.2016 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.
08.01.2016 nv (Note to Office: Issue order copy on 11.01.2016) M.M.SUNDRESH, J.
nv To The Inspector of Police, Vellakoil Police Station, Tiruppur District.
W.P.No.607 of 201608.01.2016