S.Karthikeyan v. The District Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8746 of 2018 S.Karthikeyan ..

Petitioner -vs1. The District Superintendent of Police, Erode District.

2. The Inspector of Police, Kodumudi Police Station, Kodumudi, Erode District.

..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to give permission and protection to the cultural functions scheduled to be held on 17.4.2018 in the eve of Sri Mariamman Temple Festival by considering the petitioner's representation dated 6.4.2018 to the 2nd respondent.

For Petitioner ::

Mr.R.Subramaniam For Respondents ::

Mr.D.Surya Narayanan, Additional Government Pleader

ORDER

The petitioner seeks a direction to the respondents to grant permission to conduct the cultural programme scheduled to be held on 17.4.2018 in the eve of Sri Mariamman Temple Festival by considering the petitioner's representation dated 6.4.2018 to the 2nd respondent.

2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Chennasamudram Village, Erode District and also claims to be the President 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 06.04.2018 seeking permission to conduct the cultural programme on 17.04.2018. As the said representation has not been considered by the respondents so far, the petitioner is before this Court.

3. The learned Additional Government Pleader 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 Additional Government

Pleader for the respondents, this writ petition is disposed of with the following directions:- (a) The cultural programme in connection with Sri Mariamman Temple Festival at Periyavattam, Chennasamudram Village, Erode District by considering the petitioner's representation dated 6.4.2018 be held on 17.04.2018 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.

12.04.2018 Issue copy on 13.4.2018 tsi

T.RAJA, J.

tsi To

1. The District Superintendent of Police, Erode District.

2. The Inspector of Police, Kodumudi Police Station, Kodumudi, Erode District.

W.P.No.8746 of 2018 12.04.2018