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Madras High CourtWP/7993/2018disposed of

Mr.R. Saravanan v. The Superintendent Of Police

2018-04-06Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.7993 of 2018 R.Saravanan ..

Petitioner -vs1. The Superintendent of Police Salem District

2. The Inspector of Police Kondalampatti Police Station Salem 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 to conduct the Gramia Nadana Natiya programme in the event of Sri Maha Kaliamman Kovil Masi Thiruvizha at Kodikadu Neikarapatti, Salem District on 06.04.2018 between 7.00 PM and 9.00 PM at Salem District. For Petitioner ::

Mr.T.Shanmugam For Respondents ::

Mr.E.Balamurugan Special Government Pleader

ORDER

The petitioner seeks a direction to the respondents to grant permission to conduct the Gramia Nadana Natiya programme in the Sri Maha Kaliamman Kovil Masi Thiruvizha at Kodikadu Neikarapatti, Salem District on 06.04.2018 between 7.00 PM and 9.00 PM by considering his representation dated 31.03.2018.

2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Kodikadu, Neikarapatti village and also claims to be the member 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 31.3.2018 seeking permission to conduct the cultural programme on 06.04.2018. As the said representation has not been considered

by the respondents so far, the petitioner is before this Court.

3. The learned Special 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 Special Government Pleader for the respondents, this writ petition is disposed of with the following directions:- (a) The Gramia Nadana Natiya programme in connection with the Kodikadu Neikarapatti Sri Maha Kaliamman Kovil Masi Thiruvizha be held on 06.04.2018 between 07.00 p.m., and 9.00 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 respondents are directed to issue necessary permission incorporating the above conditions. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ss To

1. The Superintendent of Police Salem District

2. The Inspector of Police Kondalampatti Police Station Salem District +1cc to Mr.T.SHANMUGAM, Advocate, S.R.No. 25676 W.P.No.7993 of 2018 TR(06/04/2018)