Madras High Court
V.Rajendiran vs The Inspector Of Police on 4 February, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.02.2016 CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.4252 of 2016 V.Rajendiran ... Petitioner Vs. The Inspector of Police, Omalur Police Station, Salem District. .. Respondent Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondent to grant permission and protection to conduct cultural programme (dance and music programme) in the Rangagoundapura Sri Nathdha Kattu Mariyamman Kovil, situated at Karaiyavur (Rangagoundapuram via), Aattukaraiyanoor Post, Omalur Taluk, Salem District, scheduled to be held on 05.02.2016 from 6 pm to 10.30 pm. For Petitioner : Mr.N.Desinghu For Respondent : Mr.S.Pattabiraman, Govt. Advocate ORDER
Seeking permission and protection to conduct the cultural programme (dance and music programme) on 05.02.2016 from 6 pm to 10.30 pm in Rangagoundapura Sri Nathdhakattu Mariyamman Temple situated at Karaiyavur (Rangagoundapurm via), Aattukaraiyanoor Post, Omalur Taluk, Salem District, the petitioner made a representation dated 02.02.2016 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, submitted that there is likelihood of law and order problem in conducting the said cultural programme.
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 and protection 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) in Rangagoundapura Sri Nathdhakattu Mariyamman Temple situated at Karaiyavur (Rangagoundapuram Via), Aattukaraiyanoor Post, Omalur Taluk, Salem District, on 05.02.2016, however, with the following conditions:-
(a) The cultural programme (dance and music programme) in connection with the above said Temple Festival at Karaiyavur (Rangagoundapuram via), Aattukaraiyanoor Post, Omalur Taluk, Salem District, is scheduled to be held on 05.02.2016 between 06.00 p.m. to 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 said cultural programme 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 music and dance programme, if it exceeds beyond the permitted time.
(i) The respondent is directed to issue necessary permission and protection to conduct the above said cultural programme (dance and music), incorporating the above conditions.
No costs.
04.02.2016 Office to note:
Issue order copy today. (04.02.2016) cs Copy to The Inspector of Police, Omalur Police Station, Salem District.
R.SUBBIAH, J cs W.P.No.4252 of 2016 04.02.2016