P.V.Chinnasamy v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2022 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.Nos.4911 & 4912 of 2022 1.P.V.Chinnasamy ... Petitioner in W.P.No.4911/2022 2.P.Sivakumar ... Petitioner in W.P.No.4912/2022 Vs.
1.The Inspector of Police, Bangalapudur Police Station, Bangalapudur, Erode District.
..Respondent in W.P.No.4911/2022
2. The Inspector of Police, B-6, Kondalampatti Police Station, Kondalampatti, Salem District.
... Respondent in W.P.No.4912/2022 PRAYER: Writ Petitions filed under Section 226 of Constitution of India, to issue a Writ of Mandamus to direct the respective respondent authority to give permission and police protection to conduct Cultural Programme (Adal Padal Nigalchi) at Varapallam Village Anna Ground in the event of Varapallam Village Arulmigu Sree Vettaikaran Swamy Temple Festival at Gobichettipalayam Taluk, Erode District and in the event of P.Nattamangalam Village Arulmigu Sree Thana Valarnda Mariamman Temple Festival at Salem Taluk & District on 16.03.2022 and 12.03.2022 respectively between 6.00 pm to 10.00 pm by considering the petitioners representations dated 23.02.2022 and 24.02.2022 respectively.
For Petitioner in both petitions : Mr.N.Sri Rama Selvam For Respondent in both petitions : Mr.A.Gokulakrishnan Additional Public Prosecutor.
COMMON ORDER These Writ Petitions have been filed to direct the respective respondent authority to give permission and police protection to conduct Cultural Programme (Adal Padal Nigalchi) at Varapallam Village Anna Ground in the event of Varapallam
Village Arulmigu Sree Vettaikaran Swamy Temple Festival at Gobichettipalayam Taluk, Erode District and in the event of P.Nattamangalam Village Arulmigu Sree Thana Valarnda Mariamman Temple Festival at Salem Taluk & District on 16.03.2022 and 12.03.2022 respectively between 6.00 pm to 10.00 pm by considering the petitioners representations dated 23.02.2022 and 24.02.2022 respectively 2.
Heard the learned Counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents.
3. The learned Additional Public Prosecutor appearing for the respondent would submit that the police do not have any reservations on the place, where the function is to be conducted. However, there is an apprehension that some law and order problem may arise during the programme. He would also submit that the Director General of Police, in his proceedings in Rc.No.007301/Genl.I(1)/2019 dated 09.04.2019, has issued circular to the Commissioner of Police, Superintendent of Police and all the Station House Officer, directing them to follow the procedure and permission may be granted subject to the petitioner agreeing to comply with the said conditions by filing necessary undertaking before the respondent police.
4. The respondents police are directed to grant permission for conducting the cultural programme (ie.,) Adal Padal Dance Programme as sought by the petitioner, with the following conditions:
(a) The Aadal Paadal programme in connection with festival or any cultural programme, SHO should specify the time and the same shall not be later than 10.00 p.m (b) double meaning songs should not be played so as to spoil the minds of students and the youth;
(c) no songs, touching upon any political party or religion, community or caste be played;
(d) Organizers shall not erect any digital banners/pla cards on either side of the arterial roads, platforms, walkways/major roads and any other roads;
(e) the function should not affect caste, religious or communal harmony and shall be conducted without any discrimination;
(f) 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;
(g) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time; (h) the participants of the programme shall not
intake any kind of in-toxic substance or liquor during the programme;
(i) if any untoward incident takes place, the organizers of the programme be made responsible for the same (j) the authority concerned shall videograph the entire programme at the cost of the applicant and submit the CD to the S.P. concerned.
(k) Organizers shall have to obtain all other required permission from the authorities concerned (l) Any other conditions as the authority concerned consider to impose according to the ground reality".
5. The petitioner is also directed to ensure that the conditions are strictly complied with and also to ensure that no law and order problem is created in the course of conducting the programme. Further the petitioner in both the petition is directed to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each to the respondents police towards bundobust charges.
6. These Writ Petitions stand disposed of with the above directions. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar shk/sai To 1.The Inspector of Police, Bangalapudur Police Station, Bangalapudur, Erode District.
2. The Inspector of Police, B-6, Kondalampatti Police Station, Kondalampatti, Salem District.
3.The Public Prosecutor, High Court of Madras.
+2cc to Mr.N.Sri Ramaselvam, Advocate, S.R.No.14739 & 14741 W.P.Nos.4911 & 4912 of 2022 SPD(CO) NSK(10/03/2022)