A.Selvam v. The Superintendent Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.05.2015 CORAM :
THE HONOURABLE DR.JUSTICE S.TAMILVANAN W.P.No.14136 of 2015 A.Selvam ... Petitioner Vs.
1 The Superintendent of Police Dharmapuri Dharmapuri District.
2 The Inspector of Police Pappireddipatti Police Station Dharmapuri District.
... Respondents Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the order dated 30.04.2015 on the file of the second respondent and quash the same and issue consequential direction directing the respondents to grant permission to conduct a festival program schedule to be held on 09.05.2015 by considering petitioners representation dated 30.04.2015.
For Petitioner : Mr.T.Balaji For Respondents : Mr.T.N.Rajagopalan Special Government Pleader
ORDER
This writ petition has been filed under Article 226 of the Constitution of India, seeking to quash the impugned order dated 30.04.2015 passed by the second respondent refusing to grant permission to conduct festival programme and consequently to direct the respondents to grant permission to conduct festival programme on 09.05.2015 in view of the annual function at Sri Kariyaperumal Kovil, Kalathuppatty Village, Lachumapuram Post, Pappireddipatti Taluk, Dharmapuri District.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. Learned counsel for the petitioner would submit that the petitioner is the President of Festival Committee of Sri
Kariyaperumal Kovil, Kalathuppatty Village, Lachumapuram Post, Pappireddipatti Taluk, Dharmapuri District and every year temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival, with 'cultural programme' on 09.05.2015. In this connection, a representation was given on 30.04.2015 to the second respondent, with a request to grant permission to conduct 'Cultural Nadana Nigazhchi' on 09.05.2015, however the second respondent passed the impugned order refusing to grant permission to conduct 'cultural programme' 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 respondents, 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 respondents, I am of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'Cultural Nadana Nigazhchi' in connection with Sri Kariyaperumal Kovil Temple, Kalathuppatty Village, Lachumapuram Post, Pappireddipatti Taluk, Dharmapuri District, on 09.05.2015 between 6.00 p.m. and 10.30 p.m. 6.Accordingly, the writ petition is disposed of with the following directions:
(a) The impugned order is set aside. The cultural programme in connection with Sri Kariyaperumal Kovil Temple, Kalathuppatty Village, Lachumapuram Post, Pappireddipatti Taluk, Dharmapuri District, festival be held on 09.05.2015 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 respondents are directed to issue necessary permission, incorporating the above conditions. No order as to costs.
mra Sd/- Vacation Officer //True Copy// Sub-Assistant Registrar To 1 The Superintendent of Police Dharmapuri Dharmapuri District.
2 The Inspector of Police Pappireddipatti Police Station Dharmapuri District.
+ 1 cc to Mr.T.Balaji, Advocate SR 24956 jsv(co) prk7/5 W.P.No.14136 of 2015