R.Mani vs The Inspector Of Police on 4 May, 2023

[Cites 1, Cited by 0]

Madras High Court

R.Mani vs The Inspector Of Police on 4 May, 2023

Bench: G.K.Ilanthiraiyan

                                                                                W.P.No.14568 of 2023




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 04.05.2023

                                                    CORAM

                           THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                              W.P.No.14568 of 2023


                R.Mani                                                 ... Petitioner

                                                  Vs.

                The Inspector of Police,
                Kannangurichi Police Station,
                Salem District.                                        ... Respondent

                Prayer:- Writ petition has been filed under Article 226 of the Constitution of
                India praying for the issuance of Writ of Mandamus, directing the respondent
                to grant permission and police protection to conduct Cultural event viz., Adal
                Padal (Song and Dance) program to be held on 30.05.2023 at 06.00 PM
                onwards in connection with the Temple Festival of Arulmigu Sri Periya
                Mariamman Temple, Kannangurichi Town, Salem Taluk, Salem District, by
                considering the petitioner's representation dated 28.04.2023.




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https://www.mhc.tn.gov.in/judis
                                                                                         W.P.No.14568 of 2023

                                             For Petitioner       : Mr.S.Sathish

                                             For Respondent       : Mr.S.Santhosh
                                                                   Government Advocate
                                                                   (Criminal Side)

                                                              ORDER

Seeking permission to conduct cultural programme in the event of Arulmigu Sri Periya Mariamman Temple, Kannangurichi Town, Salem Taluk, Salem District, the petitioner made a representation dated 28.04.2023 to the respondent. As the same has not been considered, the present Criminal Original petition has been filed.

2. By consent, the writ petition itself is taken up for final disposal.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

4. Learned Government Advocate (Criminal Side), on instructions, would submit that there is likelihood of arising law and order problem.

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https://www.mhc.tn.gov.in/judis W.P.No.14568 of 2023

5. 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 petitioner is permitted to conduct cultural programme in the event of Arulmigu Sri Periya Mariamman Temple, Kannangurichi Town, Salem Taluk, Salem District, however with the following conditions:-

(a) The cultural programme in connection with the event of Arulmigu Sri Periya Mariamman Temple, Kannangurichi Town, Salem Taluk, Salem District, shall be conducted on 30.05.2023, between 06.00 p.m. and 10.00 p.m.

(b) The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as charges, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further.

(c) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

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https://www.mhc.tn.gov.in/judis W.P.No.14568 of 2023

(d) Double meaning songs should not be played so as to spoil the minds of students and youths.

(e) No dance or songs, touching upon any political party or religion or community or caste shall be played.

(f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(h) If there is 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 forthwith; and

(i) Similarly, the respondent Police is directed to stop the dance programme, if it is played beyond the permitted time limit.

(j) The respondent Police is directed to issue necessary permission, incorporating the above conditions.

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https://www.mhc.tn.gov.in/judis W.P.No.14568 of 2023

6. With the above directions, this Writ Petition stands allowed.

There shall be no order as to costs. The uploaded copy can be utilised for the purpose of execution of the Order.

04.05.2023 Speaking Order/Non-Speaking Order Index : Yes/No Neutral Citation : Yes/No jas/arb To

1.The Inspector of Police, Kannangurichi Police Station, Salem District.

2.The Public Prosecutor, High Court of Madras.

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https://www.mhc.tn.gov.in/judis W.P.No.14568 of 2023 G.K.ILANTHIRAIYAN, J.

jas/arb W.P.No.14568 of 2023 04.05.2023 Page 6 of 6 https://www.mhc.tn.gov.in/judis

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