Madras High Court
P.Chinnasamy vs The Inspector Of Police on 12 April, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.04.2016 CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.13550 of 2016 P.Chinnasamy .. Petitioner Vs. The Inspector of Police, Burgur Police Station, Krishnagiri District. .. 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 the Sri Mariyamman Temple festival situated at Kanamoor, Oppathavadi PO, Krishnagiri District, scheduled to be held on 14.04.2016 from 6.00 p.m. to 11.00 p.m. For Petitioner : Mr.S.Nedunchezhiyan For Respondent : Mrs.M.E.Rani Selvam, Addl.G.P. ORDER
Seeking permission to conduct the cultural programme (dance and music programme) on 14.04.2016 in Sri Mariyamman Temple festival at Kanamoor, Oppathavadi PO, Krishnagiri District, the petitioner made a representation, dated 05.04.2016 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 14.04.2016 in Sri Mariyamman Temple festival at Kanamoor, Oppathavadi PO, Krishnagiri District, however, with the following conditions:-
(a) The cultural programme (dance and music programme) on 14.04.2016 in Sri Mariyamman Temple festival at Kanamoor, Oppathavadi PO, Krishnagiri District, 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.
12.04.2016 Office to note:
Issue order copy today.
cs Copy to The Inspector of Police, Burgur Police Station, Krishnagiri District.
R.SUBBIAH,J cs W.P.No.13550 of 2016 12.04.2016