A.S.P.Gurusamy v. The Inspector Of Police
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.12.2015
CORAM
THE HON'BLE Mr. JUSTICE K.KALYANASUNDARAM W.P.No.41016 OF 2015 A.S.P.Gurusamy .. PETITIONER Vs The Inspector of Police Arasalur Police Station, Erode District.
.. RESPONDENT PRAYER:
Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent authority to give permission to conduct the cultural programme at Senkattu Valasu, Sri Magakaliamman Koil Thiruvizha on 30.12.2015 by considering the petitioner's representation dated 28.12.2015.
For Petitioner ..
Mr.R.P.Murugan Raja For Respondent ..
Mr.A.Kumar Special Government Pleader
ORDER
Seeking permission to conduct the cultural programme at Senkattu Valasu, Sri Magakaliamman Koil Thiruvizha on 30.12.2015, the petitioner made a representation dated 28.12.2015 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 Special Government Pleader appearing for the respondent.
3. Learned Special Government Pleader, 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 the cultural programme on 30.12.2015 at Senkattu Valasu, Sri Magakaliamman Koil Thiruvizha, however, with the following conditions:-
(a) The cultural programme in connection with temple Festival at Senkattu Valasu, Sri Magakaliamman Koil Thiruvizha, be held on 30.12.2015 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. In the result, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Gv/msk
To 1.The Inspector of Police Arasalur Police Station, Erode District.
2. The Public Prosecutor, High Court, Madras. + 1 cc to Mr.R. P. Murugaraja, Advocate SR.69760 + 1 cc to Government Pleader Sr.69774 W.P.No.41016 OF 2015 CTK(CO) EU 30.12.15