Madras High CourtWP/4556/2021allowed

P.Selvakumar v. The Superintendent Of Police

2021-02-24Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.4556 of 2021 P.Selvakumar ... Petitioner Vs 1.The Superintendent of Police, Namakkal, Namakkal District - 637 003.

2.The Inspector of Police, Tiruchengode Town Police Station, Tiruchengode Taluk, Namakkal District - 637 209.

... 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 25.02.2021 at 6.00 PM to 11.00 PM at "Sri Kuppathu Mariamman Temple festival" Shanmugapuram, Sengodampalayam, O Rajapalayam Post, Tiruchengode Taluk, Namakkal District by consider and pass orders on the representation dated 18.02.2021 made by the petitioner within the time frame as may be fixed by this Court. For petitioner ... Mr.S.Mayilnathan For Respondents ... Mr.V.Shanmugasundar Spl.Govt.Pleader

ORDER

Mr.V.Shanmugasundar, 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 the cultural programme Adal Padal on the occasion of Sri Kuppathu Mariamman Temple festival Shanmugapuram, Sengodampalayam, O Rajapalayam Post, Tiruchengode Taluk,

Namakkal District on 25.02.2021 between 6.00p.m and 11.00 p.m by considering the petitioner's representation dated 18.02.2021.

4. According to the petitioner, he is the resident of the said village. According to him, for the past two decades, the temple has been conducting cultural programmes in a peaceful manner. According to the petitioner, the temple intends to conduct a cultural programme Aadal Padal at the aforementioned temple on 25.02.2021 between 6.00p.m and 11.00 p.m. The petitioner has given a representation to the respondents on 18.02.2021 seeking permission to conduct the cultural programme on 25.02.2021 between 6.00p.m and 11.00p.m. 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.Shanmugasundar, learned Special Government Pleader for the respondents.

Mr.V.Shanmugasundar, 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 on the occasion of Sri Kuppathu Mariamman Temple festival Shanmugapuram, Sengodampalayam, O Rajapalayam Post, Tiruchengode Taluk, Namakkal District on 25.02.2021 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 Kuppathu Mariamman Temple festival Shanmugapuram, Sengodampalayam, O Rajapalayam Post, Tiruchengode Taluk, Namakkal 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 respondents are directed to issue necessary permission, incorporating the above conditions.

(h) The petitioner will have to produce the original Aadhar Card with the respondents for verification and the same shall be returned by the respondents to the petitioner after verifying the authenticity of the petitioner.

i) Covid-19 protocol should be followed.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

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

2.The Inspector of Police, Tiruchengode Town Police Station, Tiruchengode Taluk, Namakkal District - 637 209.

+1 cc to M/s.S.Mayilnathan, Advocate Sr.No. 11219 W.P. No.4556 of 2021 PM(CO) RMP(24/02/2021)