G. Murugesan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE G.Murugesasn ... Petitioner Vs The Inspector of Police, K.V.Kuppam Police Station, K.V.Kuppam, Vellore District.
... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondent authority to give permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Melvilachur Village Arulmigu Sree Poovalanthamman Temple Festival at Katpadi Taluk, Vellore District on 24.02.2021 between 6.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 20.01.2021.
For petitioner ...
Mr.A.Sathish Kumar For Respondent ...
Mr.K.Parameshwaran Government Advocate 1/6
ORDER
This Writ Petition has been filed for a mandamus seeking for a direction to the respondent to give permission to conduct cultural programme (Adal Padal Nigalchi) on the occasion of Melvilachur Village Arulmigu Sree Poovalanthamman Temple Festival at Katpadi Taluk, Vellore District on 24.02.2021 between 6.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 20.01.2021.
2. Mr.K.Parameshwaran, learned Government Advocate accepts notice on behalf of the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.
3. According to the petitioner, he is a resident of the locality where the aforementioned temple is situated. According to the petitioner, the temple intends to conduct a cultural programme (Adal Padal Nigalchi) at the aforementioned temple on 24.02.2021 between 06.00 p.m. and 11.00 p.m. The petitioner has given a representation to the respondent on 20.01.2021 seeking permission to conduct the cultural programme on 24.02.2021. 2/6
Since the respondent has not considered the petitioner's representation, the petitioner has approached this Court under Article 226 of the Constitution of India.
4. Heard Mr.A.Sathish Kumar, learned counsel for the petitioner and Mr.K.Parameshwaran, learned Government Advocate appearing for the respondent.
5. Mr.K.Parameshwaran, learned Government Advocate appearing on behalf of the respondent, on instructions, would submit that the respondent is willing to permit the petitioner to conduct the cultural programme subject to fulfillment of certain stringent conditions that have been imposed by this Court time and again. He would further submit the cultural programme to be conducted by the petitioner should end by 10.00 p.m and cannot continue beyond the said time. For this submission, the learned counsel for the petitioner agrees.
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6. For the foregoing reasons, this Court directs the respondent to grant permission to the petitioner to conduct cultural programme (Adal Padal Nigalchi) on the occasion of Melvilachur Village Arulmigu Sree Poovalanthamman Temple Festival at Katpadi Taluk, Vellore District on 24.02.2021 between 06.00 p.m and 10.00 p.m. subject to the fulfilment of the following conditions by the petitioner.
(a) The cultural programme in connection with the event of festival of Melvilachur Village Arulmigu Sree Poovalanthamman Temple Festival at Katpadi Taluk, Vellore District shall be conducted on 24.02.2021 between 06.00 p.m and 10.00 p.m.
(b)The petitioner shall pay a sum of Rs.10,000/- (Rupees ten 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. 4/6
(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 (i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (j) The respondent is directed to issue necessary permission, incorporating the above conditions.
7. With the aforesaid direction, the Writ Petition is disposed of . No costs.
18.02.2021 nl Note : Issue order copy on 18.02.2021 Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order 5/6
ABDUL QUDDHOSE, J.
nl To The Inspector of Police, K.V.Kuppam Police Station, K.V.Kuppam, Vellore District.
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