Theerthagiri v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.05.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.14704 of 2015 Theerthagiri ... Petitioner vs.
The Inspector of Police, Pochampalli Police Station, Krishnagiri District.
... Respondent Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of mandamus, directing the respondent to grant permission to conduct the cultrual program in Sri Mariyamman Temple scheduled to be held on 27.05.2015 at about evening hours at Sri Mariyamman Temple, Nathakayam Village, Valipatti Panchayath, Pochampalli Taluk, Krishnagiri District by considering the petitioner's representation dated 08.05.2015.
For Petitioner : Mr.E.Kannadasan 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 cultrual program in Sri Mariyamman Temple scheduled to be held on 27.05.2015 at about evening hours at Sri Mariyamman Temple, Nathakayam Village, Valipatti Panchayath, Pochampalli Taluk, Krishnagiri District by considering the petitioner's representation dated 08.05.2015.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.
3.Learned counsel for the petitioner would submit that the petitioner is the Village Nattamai of Vallipatti Panchayath and the member of the festival committee of Sri Mariyamman Temple 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 27.05.2015. In this connection, a representation was given on 08.05.2015 to the respondent, with a
request to grant permission to conduct cultural Programme on 27.05.2015, 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.R.Vijayakumar, learned Additional 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 Additional 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 Mariyamman Temple festival on 27.05.2015 at
about evening hours, however, with the following conditions:- (a) The petitioner has stated that he is the Village Nattamai of Vallipatti Panchayath and the member of the festival committee of Sri Mariyamman Temple, situated at Nathakayam Village, Valipatti Panchayath, Pochampalli Taluk, Krishnagiri District, however, the respondent is directed to verify the said factum. (b)The cultural programme in connection with Sri Mariyamman Temple Festival, be held on 27.05.2015 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 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 The Inspector of Police, Pochampalli Police Station, Krishnagiri District.
W.P.14704 of 2015 14.05.2015