A.Periyasamy, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8447 of 2018 A.Periyasamy ..
Petitioner -vsThe Inspector of Police Namagiripettai Police Station Namakkal 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 village folk dance and other cultural programme (Adal Padal) held on 12.04.2018 at Arulmighu Tholuka Sudamani Amman Temple at R.Puthupatti Post, Rasipuram Taluk, Namakkal District by considering the petitioner's representation dated 05.04.2018. For Petitioner ::
Mr.T.Meganathan For Respondent ::
Ms.S.Ramya Revathi Government Advocate
ORDER
The petitioner seeks a direction to the respondent to grant permission to conduct the village folk dance and other cultural programme (Adal Padal) at Arulmighu Tholuka Sudamani Amman Temple at R.Puthupatti Post, Rasipuram Taluk, Namakkal District on 12.04.2018 by considering the petitioner's representation dated 05.04.2018.
2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Pudhu Colony and also claims to be the Dharmakartha and one of the members of Vizha Commttee. Since the committee has been conducting the cultural programme 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 05.04.2018 seeking permission to conduct the cultural programme on 12.04.2018. 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 village folk dance and cultural programme (Adal Padal) in connection with the Arulmighu Tholuka Sudamani Amman Temple Thiruvizha at R.Puthupatti Post, Rasipuram Taluk, Namakkal District be held on 12.04.2018 between 07.00 p.m., and 10.30 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 religious leader, be erected.
(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.
(h) Similarly, the Police is empowered to stop the cultural programme, if it exceeds beyond the permitted time.
(i) The participants of the programme shall not intake any kind of toxic substance or liquor during the programme.
(j) If there is any untoward incident taking place, the village people and the organizers of the programme be made responsible for the same; and (k) The respondent is directed to issue necessary permission incorporating the above conditions. No costs.
Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar ss To
1. The Inspector of Police Namagiripettai Police Station Namakkal District + 1 cc to Mr.T.Meganathan Advocate,SR.26304 + 1 cc to The Govt.Pleader, SR.26784 W.P.No.8447 of 2018 nr 11/04/2018