R.Saravanan, v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8656 of 2018 R.Saravanan ..
Petitioner -vs1. The Superintendent of Police, Dharmapuri District, Dharmapuri.
2. The Inspector of Police, Athiaman Kottai Police Station, Dharmapuri District.
..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.04.2018 and thereby direct the respondents police to grant permission to the petitioner to conduct the cultural programmes in the Arulmigu Shri Mari Amman Temple Festival which is going to be held on 27.4.2018.
For Petitioner ::
Mr.B.Gopalakrishnan For Respondents ::
Ms.S.Ramya Revathi, Government Advocate
ORDER
The petitioner seeks a direction to the respondents to grant permission to conduct the cultural programme scheduled to be held on 27.4.2018 in the eve of Arulmigu Shri Mari Amman Temple Festival by considering the petitioner's representation dated 5.4.2018 to the 2nd respondent.
2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Mukkalnaickan Patti Village, Dharmapuri Taluk and District and also claims to be one of the members of Vizha Commttee. Since the committee has been conducting the cultural programmes as a part of temple festival every year in a peaceful manner without any untoward incident in the past, he has submitted a representation to the respondent on 05.04.2018 seeking permission to conduct the
cultural programme on 27.04.2018. As the said representation has not been considered by the respondents so far, the petitioner is before this Court.
3. The learned Government Advocate appearing for the respondents, on instructions, would submit that the permission sought for by the petitioner may be granted with appropriate stringent conditions for maintaining law and order and also to avoid any untoward incident during the performance of such programme.
4. In view of the submission made by the learned Government Advocate for the respondents, this writ petition is disposed of with the following directions:- (a) The cultural programme in connection with Arulmigu Shri Mari Amman Temple Festival at Mukkalnaickenpatti, Dharmapuri District, by considering the petitioner's representation dated 5.4.2018 be held on 27.04.2018 between 06.00 p.m., and 11.00 p.m.
(b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(c) Double meaning songs should not be played so as to spoil the minds of students and the youths.
(d) No dance or songs, touching upon any political party or religion, community or caste be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) 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 forthwith.
(h) Similarly, the Police is directed to stop the dance programme, if it is played beyond the permitted time limit, and (i) The 2nd respondent is directed to issue necessary
permission incorporating the above conditions. No costs.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar tsi To
1. The Superintendent of Police, Dharmapuri District, Dharmapuri.
2. The Inspector of Police, Athiaman Kottai Police Station, Dharmapuri District.
+ 1 cc to Mr.B.Gopalakrishnan Advocate,SR.26988 + 1 cc to The Govt.Pleader, SR.27726 W.P.No.8656 of 2018 nr 13/04/2018