K.V.Pannerselvam, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8121 of 2018 K.V.Pannerselvam ..

Petitioner -vsThe Inspector of Police Karumalaikoodal Police Station, Karumalaikoodal, Salem District.

..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent authority to give permission to conduct the cultural programme (Adal Padal) at Karupurettiyur Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District on 11.4.2018 by considering the petitioner's representation dated 03.04.2018.

For Petitioner ::

Mr.A.Sathishkumar For Respondent ::

Ms.S.Ramya Revathy, Government Advocate

ORDER

The petitioner seeks a direction to the respondent to grant permission to conduct the cultural programme in Karupurettiyur Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District on 11.4.2018 by considering the petitioner's representation dated 03.04.2018.

2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Karupurettiyur, Mettur Taluk, Salem District and also claims to be the Secretary of Vizha Commttee. Since the committee has been conducting the cultural programmes as a part of temple festival every year in a peaceful manner without any untoward incident in the past, he has submitted a representation to the respondent on 03.04.2018 seeking permission to conduct the cultural programme on 11.04.2018. As the said representation has not been considered by the respondent so far, the petitioner is before this Court.

3. The learned Government Advocate appearing for the

respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with appropriate stringent conditions for maintaining law and order and also to avoid any untoward incident during the performance of such programme.

4. In view of the submission made by the learned Government Advocate for the respondent, this writ petition is disposed of with the following directions:- (a) The cultural programme in connection with Karupurettiyur Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District by considering the petitioner's representation dated 3.4.2018 be held on 11.04.2018 between 06.00 p.m., and 11.00 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 the youths.

(d) No dance or songs, touching upon any political party or religion, community or caste be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

(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 forthwith.

(h) Similarly, the Police is directed to stop the dance programme, if it is played beyond the permitted time limit, and

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar tsi To The Inspector of Police Karumalaikoodal Police Station, Karumalaikoodal, Salem District.

+1 cc to Mr.A.Sathishkumar Advocate sr 25690 +1 cc to the Govt pleader sr 25918 W.P.No.8121 of 2018 nmi(co) aa10/04/2018