WP/41005/2015 of B.Parthiban Vs State Rep. by Inspector of on 29 December 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.12.2015

CORAM

THE HON'BLE Mr. JUSTICE K.KALYANASUNDARAM

Writ Petition No.41005 of 2015

B.Parthiban

Vs.

..Petitioner

State rep. byInspector of Police,Arachalur Police Station,Arachalur - 638 101,Erode District.

..Respondent

Petition filed under Article 226 of The Constitution ofIndia praying to issue a writ of mandamus directing therespondent to give permission to conduct the dance program inthe event of Arulmigu Muthalaiamman Temple festival on31.12.2015 at Odanilai, Kasturibai Gramam Arachalur Via, ErodeDistrict.

For PetitionerFor Respondent

..Ms.D.Uma Devi..Mr.A.Kumar,Special Government Pleader ORDER

Seeking permission to conduct the dance program in theevent of Arulmigu Muthalaiamman Temple festival on 31.12.2015 atOdanilai, Kasturibai Gramam Arachalur Via, Erode District, thepetitioner made a representation dated 26.12.2015 to therespondent. As the same has not been considered, the presentwrit petition has been filed.

2. Heard the learned counsel appearing for the petitionerand the learned Special Government Pleader appearing for therespondent.

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 therepresentation. There is absolutely no material before thisCourt to hold that there will be a law and order problem in the

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event of permission being granted. In such view of the matter,the writ petition is allowed and the petitioner is permitted toconduct cultural programme on 31.12.2015 at ArulmiguMuthalaiamman Temple at Odanilai, Kasturibai Gramam ArachalurVia, Erode District however, with the following conditions:- (a) The cultural programme in connection with templeFestival at at Arulmigu Muthalaiamman Temple at Odanilai,Kasturibai Gramam Arachalur Via, Erode District, be held on31.12.2015 between 06.00 p.m and 10.30 p.m.

(b) There should not be any kind of obscene dance orvulgar dialogues during the performance, by anyone of theparticipants.

(c) Double meaning songs should not be played so as tospoil the minds of students and youths.

(d) No dance or songs, touching upon any political party orreligion or community or caste be played.

(e) No flex boards in support of any political party orcommunal leader be erected.

(f) The function should not affect either religious orcommunal harmony and shall be conducted without anydiscrimination based on caste.

(g) If there is any violation of any one of the conditionsimposed, the concerned police officer is at liberty to takenecessary action, as per law and stop such performance; and (h)Similarly, the police is entitled to stop the danceprogramme, if it exceeds beyond the permitted time.

(i) The respondent is directed to issue necessarypermission, incorporating the above conditions. No costs.

Sd/-Assistant Registrar(AS)

//True Copy//

Sub Assistant Registrar/Vacation Officer jbm ToInspector of Police,Arachalur Police Station,Arachalur - 638 101,Erode District.

+1 cc to MR.C.S. Saravanan, Advocate, sr.69761

+1 cc to Government Pleader, sr.69773

W.P.No.41005 of 2015

nm cokra 30.12.2015