K.Anbazhagan, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.04.2018
CORAM
THE HONOURABLE MR. JUSTICE T.RAJA W.P. No.7801 of 2018 K.Anbazhagan S/o.Kandasamy Sakthi Kaliamman Nagar Dhalavoipattinam Dharapuram Taluk, Tiruppur District ...
PETITIONER Vs.
The Inspector of Police Alangiyam Police Station Alangiyam Dharapuram Tiruppur District ...
RESPONDENT PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to grant permission to the petitioner to conduct cultural programmes on 5.4.2018 evening by fitting sound system as part of Sri Kaliamman Temple festival at Anna Thidal Kilakku Theru Dhalavoipattinam in Dharapuram Taluk by considering petitioners representation dated 23.3.2018.
For Petitioner : Mr.N.Ponraj For Respondent : Mrs.K.Bhuvaneswari Additional Government Pleader * * * * *
O R D E R
Mrs.K.Bhuvaneswari, learned Additional Government Pleader, takes notice for the respondent. By consent, the Writ Petition itself is taken up for final disposal.
2. The present Writ Petition has been filed for issuance of a writ of mandamus, directing the respondent to give permission to conduct cultural programmes on 5.4.2018 evening by fitting sound system as part of Sri Kaliamman Temple festival at Anna Thidal Kilakku Theru Dhalavoipattinam in Dharapuram Taluk by considering petitioners representation dated 23.3.2018.
3. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Dhalavoipattinam in Dharapuram Taluk and also claims to be the President of the temple festival Commttee. Since they have been conducting cultural programmes as a part of Sri Kaliamman Temple festival at Anna Thidal Kilakku Theru Dhalavoipattinam in Dharapuram Taluk in a peaceful manner and there will be no untoward incident on account of this celebration. He further submitted that a representation was given to the respondent on 23.03.2018 seeking permission to conduct cultural programme on 05.04.2018 in connection with the aforesaid Temple Festival, but, the same was not considered by the respondent so far and hence, the petitioner is before this Court with this Writ Petition.
4. The learned Additional Government Pleader appearing for the respondent on instructions, would submit that the permission sought for by the petitioner may be granted with appropriate and stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme.
5. In view of the submission made by the learned Additional Government Pleader, the Writ Petition is disposed of with the following directions:
(a) The cultural dance programme in connection with the festival of Sri Kaliamman Temple festival at Anna Thidal Kilakku Theru Dhalavoipattinam in Dharapuram Taluk, Tiruppur District, to be held on 05.04.2018 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 respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar vaan To The Inspector of Police, Alangiyam Police Station Alangiyam Dharapuram Tiruppur District W.P. No.7801 of 2018 nr 04/04/2018