M.S.Babuji v. The Superintendent Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.05.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.14692 of 2015 M.S.Babuji ... Petitioner vs.
1.The Superintendent of Police, Vellore District.
2.The Deputy Superintendent of Police, Vellore-9.
2.The Inspector of Police, Virinjipuram Police Station, Vellore District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of mandamus, directing the respondents to grant permission to conduct the dance program which is scheduled to be held on 20.05.2015 at about 7.00 p.m. at Sri Ponniyamman Temple, situated at Anna Nagar, Marudhavallipalayam Village and Post, Virinjipuram via, Vellore District, based on the petitioner's representation dated 04.05.2015.
For Petitioner : Mr.M.Sivakumar For Respondents : Mr.R.Vijayakumar, Additional 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 respondents to grant permission to conduct the dance program which is scheduled to be held on 20.05.2015 at about 7.00 p.m. at Sri Ponniyamman Temple, situated at Anna Nagar, Marudhavallipalayam Village and Post, Virinjipuram via, Vellore District, based on the petitioner's representation dated 04.05.2015 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3.Learned counsel for the petitioner would submit that the petitioner is the President of Temple festival committee of Sri Ponniamman Temple, situated at Anna Nagar, Marudhavallipalayam
Village and Post, Virinjipuram via, Vellore 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 'dance programme' on 20.05.2015. In this connection, a representation was given on 04.05.2015 to the third respondent, with a request to grant permission to conduct dance Programme on 20.05.2015, however no order was passed by the third 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.R.Vijayakumar, learned Additional 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 Additional Government Pleader appearing for the respondents, this Court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'dance programme' in connection with Sri Ponniamman Temple festival on 20.05.2015 at about 7.00p.m., however, with the following conditions:- (a) The petitioner has stated that he is the President of Temple Festival Committee of Sri Ponniamman Temple, situated at Anna Nagar, Marudhavallipalayam Village and Post, Virinjipuram via, Vellore District, however, the third respondent is directed to verify the said factum.
(b)The dance programme in connection with Sri Ponniamman Temple Festival, be held on 20.05.2015 between 6.00 p.m. and 10.30 p.m.
(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants;
(d)Double meaning songs should not be played so as to spoil the minds of students and youths.
(e)No dance or songs, touching upon any political party or religion or community or caste be played.
(f)No flex boards in support of any political party or communal leader be erected.
(g)The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(h)If there is any violation of any one of the conditions imposed, the police officer concerned is at liberty to take necessary action, as per law and stop such performance; and (i)Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time. (j)The third respondent is directed to issue necessary permission, incorporating the above conditions. Accordingly, the writ petition is disposed of. No order as to costs.
14.05.2015 Index:Yes/No.
nvi Note to Office: Issue order copy on 15.05.2015
R.SUBBIAH, J.
nvi To 1.The Superintendent of Police, Vellore District.
2.The Deputy Superintendent of Police, Vellore-9.
2.The Inspector of Police, Virinjipuram Police Station, Vellore District.
W.P.14692 of 2015 14.05.2015