P.Muthumani v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.4222 of 2021 P.Muthumani ... Petitioner Vs

1. The Superintendent of Police, Namakkal, Namakkal District - 637 003.

2. The Inspector of Police, Molasi Police Station, Tiruchengode Taluk, Namakkal District - 637 210.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the first and second respondents to grant permission to conduct the cultural programme of Adal Padal on 23.02.2021 at 6.00 p.m. to 11.00 p.m. at "Sri Mariamman Temple festival", Molasi Village, Molasi Post, Tiruchengode Taluk, Namakkal District by consider and pass orders on the representation dated 16.02.2021 made by the petitioner.

For petitioner ...

Mr.S. Mayilnathan For Respondents ...

Mr.V.Shanmuga Sundar Special Government Pleader

ORDER

Mr.V.Shanmuga Sundar, learned Special Government Pleader accepts notice on behalf of the respondents.

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 respondents to give permission to conduct cultural programme (Adal Padal Nigalchi) on the occasion of "Sri Mariamman Temple festival", Molasi Village, Molasi Post, Tiruchengode Taluk, Namakkal District on 23.02.2021 between 6.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 16.02.2021.

4.

According to the petitioner, he is the resident of the aforesaid village. 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 23.02.2021 between 06.00 p.m. and 11.00 p.m. The petitioner has given a representation to the respondents on 16.02.2021 seeking permission to conduct the cultural programme on 23.02.2021. Since the respondents have not considered the petitioner's representation, the petitioner has approached this Court under Article 226 of the Constitution of India. 5.

Heard Mr.S. Mayilnathan, learned counsel for the petitioner and Mr.V.Shanmugha Sundar, learned Special Government Pleader appearing for the respondents.

6.

Mr.V.Shanmugha Sundar, learned Special Government Pleader appearing on behalf of the respondents, on instructions, would submit that the respondents are 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. 7.

For the foregoing reasons, this Court directs the respondents to grant permission to the petitioner to conduct cultural programme (Adal Padal Nigalchi) on the occasion of "Sri Mariamman Temple festival", Molasi Village, Molasi Post, Tiruchengode Taluk, Namakkal District on 23.02.2021 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 "Sri Mariamman Temple festival", Molasi Village, Molasi Post, Tiruchengode Taluk, Namakkal District shall be conducted on 23.02.2021 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 second respondent and the same shall be returned to the petitioner after verification.

8.

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

vsi2 s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar

To

1. The Superintendent of Police, Namakkal, Namakkal District - 637 003.

2. The Inspector of Police, Molasi Police Station, Tiruchengode Taluk, Namakkal District - 637 210.

+ 1 cc to the Mr.S. Mayilnathan, Advocat Sr.10598 W.P. No.4222 of 2021 rld(co) eu 22.2.2021