M.Senthil v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.05.2015 CORAM :

THE HONOURABLE DR.JUSTICE S.TAMILVANAN W.P.No.13868 of 2015 M.Senthil ... Petitioner Vs.

The Inspector of Police, Erumapatti Police Station, Erumapatti, Namakkal Dist.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of mandamus, directing the respondent to consider the petitioner's representation dated 22.4.2015 requesting to grant permission to conduct the cultural programme on 6.5.2015.

For Petitioner : Mr.N.Ponraj For Respondent : Mr.T.N.Rajagopalan, Special Government Pleader

O R D E R

This writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of Writ of Mandamus, to direct the respondent to consider the petitioner's representation dated 22.4.2015 requesting to grant permission to conduct the cultural programme on 6.5.2015.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent. 3.Learned counsel for the petitioner would submit that the petitioner is the President of the Temple Festival Committee of the Temple namely Sri Mariamman Temple, and every year temple festival is being conducted by the villagers during the tamil month 'Chithirai' and this year also, the villagers jointly decided to conduct the village temple festival, with 'cultural programme' on 6.5.2015. In this connection, a representation was given on 22.04.2015 to the respondent, with a request to grant permission to conduct Cultural Programme on 6.5.2015, however no order was passed by the respondent on the said representation and hence the petitioner is before this Court with this writ petition. The learned counsel for the petitioner

further submitted that as the temple festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.

4.Mr.T.N.Rajagopalan, learned Special Government Pleader appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme. 5.Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondent, this Court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'cultural programme' in connection with Sri Mariamman Temple Festival on 6.5.2015 between 6.00 p.m. and 10.30 p.m., however, with the following conditions:- 6.Accordingly, the writ petition is disposed of with the following directions:

(a)The cultural programme in connection with Sri Mariamman Temple Festival be held on 6.5.2015 between 6.00 p.m. and 10.30 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 youths (d)No dance or songs, touching upon any political party or religion or community or caste be played.

(e)No flex boards in support of any political party or communal leader be erected.

(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; and (h)Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time. (i)The respondent is directed to issue necessary permission, incorporating the above conditions. No order as to costs.

Sd/- Assistant Registrar/Vacational Officer //True Copy// Sub Assistant Registrar

gs.

To The Inspector of Police, Erumapatti Police Station, Erumapatti, Namakkal District.

WP 13868 of 2015 CNR(CO) Eu 06/05/2015