IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.09.2022 CORAM THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN W.P.No.24363 of 2022 R.Raja ... Petitioner Vs.

The Inspector of Police, Udayarpalayam Police Station, Ariyalur 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 give permission to conduct (Adal padal Nigalchi) in the event of Jameen Suthamalli Arulmighu “Sri Vinayagar Koil” at Udayarpalayam Taluk, Ariyalur District on 10.09.2022 between 6 PM to 11 PM at based on the petitioner's representation dated 06.09.2022.

For Petitioner : Mr.R.Venkatesan For Respondent : Mr.S.Santhosh Government Advocate (Crl.side)

O R D E R

Seeking permission to conduct cultural programme in the event of Jameen Suthamalli Arulmighu “Sri Vinayagar Koil” at Udayarpalayam Taluk, Ariyalur District, the petitioner made a representation dated 06.09.2022 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) appearing for the respondent, on instructions, would submit that there is likelihood of arising law and order problem.

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 Jameen Suthamalli Arulmighu “Sri Vinayagar Koil” at Udayarpalayam Taluk, Ariyalur District, however with the following conditions:-

(a)The cultural programme in connection with the event of Jameen Suthamalli Arulmighu “Sri Vinayagar Koil” at Udayarpalayam Taluk, Ariyalur District, shall be conducted on 10.09.2022, between 06.00 p.m. and

10.00 p.m.

(b)The petitioner shall pay a sum of Rs.15,000/- (Rupees fifteen 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.

(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 (j) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.

(k) 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 uploaded copy can be utilised for the purpose of execution of the Order.

08.09.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order rgm/mpl To

1.The Inspector of Police, Udayarpalayam Police Station, Ariyalur District.

2.The Public Prosecutor High Court, Madras.

G.K.ILANTHIRAIYAN, J.

rgm/mpl

08.09.2022