P.Selvakumar v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2022 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.Nos.5404, 5405 & 5406 of 2022 P.Selvakumar ... Petitioner in W.P.N.5404/2022 A.Seerangan ... Petitioner in W.P.N.5405/2022 P.Parasuraman ... Petitioner in W.P.N.5406/2022 Vs.
1.The Superintendent of Police, Namakkal, Namakkal District -637 001.
2.The Inspector of Police, Tiruchengode Town Police Station, Tiruchengode Taluk, Namakkal District 637 209.
... Respondents in W.P.No.5404/2022 3.The Superintendent of Police, Vellore, Vellore District 632 012.
4.The Inspector of Police, Pallikonda Police Station, Anaicut taluk, Vellore District - 635 809.
... Respondents in W.P.No.5406/2022 5.The Superintendent of Police, Salem, Salem District 637 007.
6.The Inspector of Police, Dharamangalam Police Station, Omalur Taluk, Salem District 636 506.
... Respondents in W.P.No.5405/2022 PRAYER: Writ Petitions filed under Section 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents to grant permission to conduct the cultural programmes of Adal Padal on 10.03.2022, 11.04.2022 between 6.00 pm to 11.00pm at "Sri Kumbathu Mariamman Temple Festival" Sengodampalayam Village, Sanmugapuram, O.Rajapalayam Post, Tiruchengode Taluk, Namakkal District, "Sri Drowpathi Amman Temple Festival" Veppankal Village, Pallikonda Post, Anaicut Taluk, Vellore District and "Sri Puthu Mariamman Temple Festival", Kizhakku Medu Village, Thuttampatti Post, Omalur Taluk, Salem District" by consider and pass orders on the representations dated 04.03.2022 made by the petitioner in all
the petitions within the time frame as may be fixed by this Court.
For Petitioner in all W.P's : Mr.R.Suryakumaran For Respondents in all W.P's : Mr.A.Gokulakrishnan Additional Public Prosecutor.
C O M M O N O R D E R These Writ Petitions have been filed to direct the respondents to grant permission to conduct the cultural programmes of Adal Padal on 10.03.2022, 11.04.2022 between 6.00 pm to 11.00pm at "Sri Kumbathu Mariamman Temple Festival" Sengodampalayam Village, Sanmugapuram, O.Rajapalayam Post, Tiruchengode Taluk, Namakkal District, "Sri Drowpathi Amman Temple Festival" Veppankal Village, Pallikonda Post, Anaicut Taluk, Vellore District and "Sri Puthu Mariamman Temple Festival", Kizhakku Medu Village, Thuttampatti Post, Omalur Taluk, Salem District" by consider and pass orders on the representations dated 04.03.2022 made by the petitioners within the time frame as may be fixed by this Court.
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 respondents 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 programmes. 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 petitioners 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 programmes (ie.,) Adal Padal Dance Programmes as sought by the petitioners, 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 petitioners are 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 petitioners are directed to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each to the respondents police towards bundobust charges for every day.
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 Superintendent of Police, Namakkal, Namakkal District -637 001.
2.The Inspector of Police, Tiruchengode Town Police Station, Tiruchengode Taluk, Namakkal District 637 209.
3.The Superintendent of Police, Vellore, Vellore District - 632 012.
4.The Inspector of Police, Pallikonda Police Station, Anaicut taluk, Vellore District - 635 809.
5.The Superintendent of Police, Salem, Salem District 637 007.
6.The Inspector of Police, Dharamangalam Police Station, Omalur Taluk, Salem District 636 506.
7.The Public Prosecutor, High Court of Madras.
W.P.Nos.5404, 5405 & 5406 of 2022 CNR (CO) PR (11/03/2022)