Madras High CourtWP/3916/2021disposed of

M.Sundaram v. The Inspector Of Police

2021-02-22Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.3916 of 2021 M.Sundaram

...Petitioner

Vs The Inspector of Police, Virinjipuram Police Station, Virinjipuram, 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 Ramapuram Arulmigu Sree Nallathaiamman Temple Festival at Anaikattu Taluk, Vellore District on 25.02.2021 between 06.00 p.m. to 11.00p.m by considering the petitioner's representation dated 12.02.2021. For petitioner ...

Mr.A.Sathish Kumar For Respondent ...

Mr.V.Shanmugasundar Spl.Govt.Pleader

ORDER

Mr.V.Shanmugasundar, learned Special Government Pleader accepts notice on behalf of the respondent.

2. By consent of both the parties, this writ petition is taken up for final disposal.

3. 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 Ramapuram Arulmigu Sree Nallathaiamman Temple Festival at Anaikattu Taluk, Vellore District on 25.02.2021 between 6.00p.m to 11.00p.m by considering the petitioner's representation dated 12.02.2021.

4. According to the petitioner, he is the Dharmakartha of the festival Committee of Ramapuram Arulmigu Sree Nallathaiamman Temple Festival at Anaikattu Taluk, Vellore District. According to him, the temple has been conducting

cultural programmes in a peaceful manner regularly. According to the petitioner, the temple intends to conduct a cultural programme (Adal Padal Nigalchi) at the aforementioned temple on 25.02.2021 between 6.00p.m and 11.00p.m. The petitioner has given a representation to the respondent on 12.02.2021 seeking permission to conduct the cultural programme on 25.02.2021 between 6.00p.m and 11.00p.m. Since the respondent has not considered the petitioner's representation, the petitioner has approached this Court under Article 226 of the Constitution of India.

5. Heard Mr.A.Sathishkumar, learned counsel for the petitioner and Mr.V.Shanmugasundar, learned Special Government Pleader for the respondent.

6. Mr.V.Shanmugasundar, learned Special Government Pleader, on instructions, would submit that the representation dated 12.02.2021 mentioned in the affidavit filed in support of this Writ Petition was never received by the respondent. Hence, he would submit that the petitioner will have to give a fresh representation in person on or before (24.02.2021) to the respondent and the said representation should be given by the petitioner in his individual capacity without representing any political party. For this submission, the learned counsel for the petitioner, on instructions, also agrees.

7. No prejudice will be caused to the respondent, if the petitioner's representation is considered on merits and in accordance with law before the scheduled date of temple festival i.e., on 25.02.2021.

8. For the foregoing reasons, this Court directs the petitioner to give a fresh representation in person to the respondent on or before (24.02.2021) seeking for permission to conduct the cultural programme on 25.02.2021 between 6.00 p.m and 10.00 p.m during Ramapuram Arulmigu Sree Nallathaiamman Temple Festival at Anaikattu Taluk, Vellore District and on receipt of the said representation, the respondent shall consider the said representation on merits and in accordance with law, subject to the fulfilment of the following conditions by the petitioner.

(a) The cultural programme in connection with the event of festival of Ramapuram Arulmigu Sree Nallathaiamman Temple Festival at Anaikattu Taluk, Vellore District shall be conducted on 25.02.2021 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.

(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. (h) Original Aadhar Card will have to be produced by the petitioner for verification of the respondent and the same shall be returned to the petitioner after verification.

With the aforesaid direction, the Writ Petition is disposed of . No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar srn

To The Inspector of Police, Virinjipuram Police Station, Virinjipuram, Vellore District +1cc to Mr.A.SathishKumar, Advocate, S.R.No.10416 W.P. No.3916 of 2021 SRA(CO) KKV/23/02/2021