Madras High Court
P. Karthikeyan vs Inspector Of Police on 22 December, 2015
Author: M.M.Sundresh
Bench: M.M. Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:22.12.2015 CORAM THE HONOURABLE MR. JUSTICE M.M. SUNDRESH W.P. No. 40572 of 2015 P. Karthikeyan ..Petitioner Vs. Inspector of Police, Arasalur Police Station, Arasalur, Erode District. ..Respondent Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondent authority to give permission to conduct the dance programme at Arulmigu Mariamman Kovil, Attavanai Anuman Palli Village, Vemandampalayam, Erode District in Arulmigu Mariamman Kovil Festival on 31.12.2015 based on the petitioner's representation dated 18.12.2015. For Petitioner :: Mr.G. Shanmugam For Respondent :: Mr.P. Karthikeyan Govt. Advocate O R D E R
Seeking permission to conduct dance programme on 31.12.2015 in Arulmigu Mariamman Kovil, Attavanai Anuman Palli Village, Vemandampalayam, Erode District, the petitioner made a representation dated 18.12.2015 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 31.12.2015 during the temple festival in Arulmigu Mariamman Kovil, Attavanai Anuman Palli Village, Vemandampalayam, Erode District, however, with the following conditions:-
(a) The dance programme in connection with temple Festival of Arulmigu Mariamman Kovil, Attavanai Anuman Palli Village, Vemandampalayam, Erode District be held on 31.12.2015 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.
22.12.2015 nv (Note to office: Issue order copy by 23.12.2015) To Inspector of Police, Arasalur Police Station, Arasalur, Erode District.
M.M.SUNDRESH, J.
nv W.P. No. 40572 of 2015 22.12.2015