S.P.Amaravel 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.8690 of 2018 S.P.Amaravel ..
Petitioner -vs1. The Superintendent of Police, Dharmapuri, Dharmapuri District.
2. The Inspector of Police, Mathikonpalayam Police Station, Dharmapuri Taluk, Dharmapuri District.
..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 and 2 to consider and pass orders on the application dated 28.3.2018 made by the petitioner for the Cultural Programme to be held on 14.4.2018.
For Petitioner ::
Mr.S.Mayilnathan For Respondents ::
Mr.S.N.Parthasarathy, Government Advocate
ORDER
The petitioner seeks a direction to the respondents to grant permission to conduct the cultural programme scheduled to be held on 14.4.2018 in the eve of Sri Ondi Alamarathu Muniyappan Temple Festival at Solai Kottai Village, Dharmapuri District by considering the petitioner's representation dated 28.3.2018 to the respondents.
2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Dharmapuri Taluk 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 respondents on 28.03.2018 seeking permission to conduct the cultural programme on 14.04.2018. 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 Sri Ondi Alamarathu Muniyappan Temple Festival at Solai Kottai Village, Dharmapuri District by considering the petitioner's representation dated 28.03.2018 be held on 14.04.2018 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, Dharmapuri District.
2. The Inspector of Police, Mathikonpalayam Police Station, Dharmapuri Taluk, Dharmapuri District.
+ 1 cc to Mr.S.Mayilnathan Advocate,SR.27080 + 1 cc to The Govt.Pleader, SR.27730 W.P.No.8690 of 2018 lrs(co) nr 13/04/2018