Madras High Court
V.Selvakumar vs The Inspector Of Police on 17 May, 2023
W.P.No.15680 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.05.2023
CORAM
THE HONOURABLE Mr.JUSTICE A.A.NAKKIRAN
W.P.No.15680 of 2023
V.Selvakumar ... Petitioner
Vs.
The Inspector of Police,
Kandamangalam Police Station,
Villuppuram 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 the cultural
event viz, Adal Padal (Song and Dance) program to be held on 17.05.2023 at
06.00 PM onwards in connection with the Temple Festival of Arulmigu Sri
Muthu Mariamman Temple, Kodukkur Village, Vikravandi Taluk,
Villuppuram District by considering the petitioner's representation dated
13.05.2023.
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W.P.No.15680 of 2023
For Petitioner : Mr.S.Sathish
For Respondent : Mr.S.Vinoth Kumar,
Government Advocate (Crl. Side)
********
ORDER
Seeking permission to conduct cultural programme in the event of Arulmigu Sri Muthu Mariamman Temple, Kodukkur Village, Vikravandi Taluk, Villuppuram District the petitioner made a representation dated 13.05.2023 to the respondent. As the same has not been considered, the present Writ 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 (Crl. Side) appearing for the respondent.
4. Learned Government Advocate (Crl. Side), on instructions, would submit that there is likelihood of arising law and order problem.
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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 Muthu Mariamman Temple, Kodukkur Village, Vikravandi Taluk, Villuppuram District however with the following conditions:-
(a) The cultural programme in connection with the event of Arulmigu Sri Muthu Mariamman Temple, Kodukkur Village, Vikravandi Taluk, Villuppuram District shall be conducted on 17.05.2023 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.
(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.Page 3 of 6
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(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 police is directed to stop the dance programme, if it is played beyond the permitted time limit.
(j) The respondent is directed to issue necessary permission, incorporating the above conditions.
6. With the above directions, this Writ Petition stands allowed.
There shall be no order as to costs. The Web copy can be utilised for the purpose of execution of the Order.
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1.The Inspector of Police, Kandamangalam Police Station, Villuppuram District.
2.The Public Prosecutor High Court, Madras.
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