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Madras High CourtWP/5993/2021disposed of

S.Vijayakumar v. The Inspector Of Police

2021-03-09Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.5993 of 2021 S.Vijayakumar ... Petitioner Vs.

The Inspector of Police, E-4, Kalpakkam Police Station, Kalpakkam, Chengalpattu District.

... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the first and second respondent authority give to grant permission to conduct the cultural programme of Adal Padal Nigalchi on 11.03.2021 and 12.03.2021 between 6.00 p.m. to 11.00 p.m. at "Pudupattinam, Menavar Kuppam Arulmigu Sree Angala Parameswariamman Temple Festival, Chengalpattu Taluk, Chengalpattu District, by considering the petitioner's representation dated 02.03.2021 and pass orders. For petitioner ...

Mr.A.Sathishkumar For Respondent ...

Ms.K.Parameshwari 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 "Pudupattinam, Menavar Kuppam Arulmigu Sree Angala Parameswariamman Temple Festival, Chengalpattu Taluk, Chengalpattu District, on 11.03.2021 and 12.03.2021 between 6.00 p.m. and 11.00 p.m. by considering the petitioner's representation dated 02.03.2021.

2. Ms.K.Parameshwari, learned Government Advocate accepts notice on behalf of the respondents. 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 11.03.2021 and 12.03.2021 between 06.00 p.m. and 11.00 p.m. The petitioner has given a representation to the respondents on 02.03.2021 seeking permission to conduct the cultural programme on 11.03.2021 and 12.03.2021. 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.A.Sathishkumar, learned counsel for the petitioner and Ms.K.Parameshwari, learned Government Advocate appearing for the respondents.

5. Ms.K.Parameshwari, learned Government Advocate appearing for 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.

6. 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 "Pudupattinam, Menavar Kuppam Arulmigu Sree Angala Parameswariamman Temple Festival, Chengalpattu Taluk, Chengalpattu District, on 11.03.2021 and 12.03.2021 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 "Pudupattinam, Menavar Kuppam Arulmigu Sree Angala Parameswariamman Temple Festival, Chengalpattu Taluk, Chengalpattu District, shall be conducted on 11.03.2021 and 12.03.2021 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 respondents Police and on receipt of the same, the respondents 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 respondents are 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 respondents to the petitioner after verifying the authenticity of the petitioner.

(l) Covid-19 Protocol should be followed.

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

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar nsd To 1.The Inspector of Police, E-4, Kalpakkam Police Station, Kalpakkam, Chengalpattu District.

+1 cc to Mr.A.Sathish kumar Advocate sr14740 W.P. No.5993 of 2021 aa09/03/2021