← Library
Madras High CourtWP/5333/2021disposed of

S.Dineshkumar v. The Inspector Of Police

2021-03-03Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.5333 of 2021 S. Dineshkumar ... Petitioner Vs The Inspector of Police, Avinasipalayam Police station, Tiruppur District.

... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondent to grant permission to conduct the cultural programme of Adal Padal on 04.03.2021 at 6.00 p.m. to 11.00 p.m. at Koduvai Village, Velliyampalayam Arulmigu Sree Makaliamman Temple Festival at Tiruppur Taluk, Tiruppur District, by considering the petitioner's representation dated 23.02.2021 and pass orders.

For petitioner ...

Mr.C.Nandakumar For Respondent ...

Mr.K.Parameshwaran Government Advocate

ORDER

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 Koduvai Village, Velliyampalayam Arulmigu Sree Makaliamman Temple Festival at Tiruppur taluk, Tiruppur District on 04.03.2021 between 6.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 23.02.2021.

2. Mr.K.Parameshwaran, learned Government Advocate accepts notice on behalf of the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

3. According to the petitioner, he is a resident of the locality where the aforementioned temple is situated. According to the petitioner, the temple intends to conduct a cultural programme (Adal Padal Nigalchi) at the aforementioned temple on 04.03.2021 between 06.00 p.m. and 11.00 p.m. The petitioner has

given a representation to the respondents on 23.02.2021 seeking permission to conduct the cultural programme on 04.03.2021. Since the respondent has not considered the petitioner's representation, the petitioner has approached this Court under Article 226 of the Constitution of India.

4. Heard Mr.C. Nandhakumar, learned counsel for the petitioner and Mr.K.Parameshwaran, learned Government Advocate appearing for the respondent.

5. Mr.K.Parameshwaran, learned Government Advocate appearing for the respondent, on instructions, would submit that the respondent is 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.

6. For the foregoing reasons, this Court directs the respondent to grant permission to the petitioner to conduct cultural programme (Adal Padal Nigalchi) on the occasion of Koduvai Village, Velliyampalayam Arulmigu Sree Makaliamman Temple Festival at Tiruppur Taluk, Tiruppur District on 04.03.2021 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 Koduvai Village, Velliyampalayam Arulmigu Sree Makaliamman Temple Festival at Tiruppur Taluk, Tiruppur District shall be conducted on 04.03.2021 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 are 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. (k) The petitioner will have to produce the original Aadhar Card with the respondent for verification and the same shall be returned by the respondent to the petitioner after verifying the authenticity of the petitioner.

(l) Covid-19 Protocol should be followed.

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

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsi2 To The Inspector of Police, Avinasipalayam Police station, Tiruppur District.

+1 cc to Mr.C.nandhakumar Advocate sr13269 W.P. No.5333 of 2021 aa03/03/2021