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2016 Supreme(Mad) 1156
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.N. PRAKASH, J.
V.K. Veerappan - Petitioner
Vs.
The Inspector of Police, Nagudi Police Station, Aranthangi Taluk - Respondent
W.P.(MD) No.4708 of 2016
Decided On : 09-03-2016
For the Petitioner: Mr. R.M.S. Sethuraman.
For the Respondent: Mr. D. Muruganandam, Addl. Govt. Pleader.
Consideration of law and order situation and other aspects in the area is crucial when deciding on permission for public programmes, even in the context of strained police resources.
Headnote:
Permission - Dance and Song Programme - The court directed the respondent police to consider the petitioner's representation for conducting a dance and song programme in front of a temple, taking into account the law and order situation and other aspects in the area.
Fact of the Case:
The petitioner sought permission and police protection to conduct a dance and song programme in front of a temple. The police had not yet considered the petitioner's representation, leading to the filing of the writ petition.
Finding of the Court:
The court acknowledged the strain on the police due to the upcoming state assembly elections but directed the police to pass orders on the petitioner's representation, considering the law and order situation and other aspects in the area.
Issues: Permission for dance and song programme, police protection, law and order situation
Ratio Decidendi: The court emphasized the need to consider the law and order situation and other aspects in the area when deciding on the permission for the programme, despite the strain on the police due to the upcoming elections.
Final Decision: The writ petition was disposed of with the direction for the respondent police to expeditiously pass orders on the petitioner's representation for conducting the programme.
This writ petition has been filed, seeking a direction to the respondent to grant permission and give police protection to conduct Dance and Song Programme and using Box Speakers at about 8.00 p.m. to 11.30 p.m. on 23.03.2016 in front of the "VALLAMBAKADU ARULMIGU SREE RAJANARAYANA PERUMAL SREE ARIYANAYAGI AMMAN TEMPLE" Vallambakadu Village, Aranthangi Taluk, Pudukkottai District.
2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct a dance Programme on 23.03.2016 in front of the "VALLAMBAKADU ARULMIGU SREE RAJANARAYANA PERUMAL SREE ARIYANAYAGI AMMAN TEMPLE" Vallambakadu Village, Aranthangi Taluk, Pudukkottai District. He would further submit that in this connection, a representation was given to the respondent police on 29.02.2016, with a request to grant permission to conduct the programme on the above said date. However, the respondent Police has not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.
3. Heard the learned counsel on either side.
4. This Court is aware of the fact that the Election Commission of India has already announced time table for elections to the State Assembly and therefore, the Police will be under much strain. Under such circumstances, it will not be advisable to grant permission for such programmes, if there are going to be any law and order problem.
5. However, in view of the limited scope of prayer sought for in this petition, the respondent police are directed to pass orders on merits and in accordance with law either permitting or rejecting the representation dated 29.02.2016, given by the petitioner, taking into account the law and order problem and other aspects, prevailing in that area, as expeditiously as possible.
With the above direction, this Writ Petition is disposed of.
