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Madras High CourtWP/9991/2018disposed of

M.Parthiban v. Inspector Of Police

2018-04-23Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.9991 of 2018 M.Parthiban ..

Petitioner -vsThe Inspector of Police Viruthampattu Police Station, Viruthampattu, Katpadi Taluk, Vellore District ..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to consider the representation dated 17.4.2018 seeking police protection for conducting temple festival with cultural programs at Arulmigu Sri Vinayagar and Mariamman Thiru Koil at Kasikuttai Village, Jabbarapettai Post, Katpadi Taluk, Vellore District, scheduled to be held on 26.4.2018. For Petitioner ::

Mr.D.Thirumoorthy For Respondent ::

Mr.D.Suryanarayanan, Additional Government Pleader

ORDER

The petitioner seeks a direction to the respondent to grant permission to conduct the cultural programme in Arulmigu Sri Vinayagar and Mariamman Thiru Koil Festival at Kasikuttai Village, Jabbarapettai Post, Katpadi Taluk, Vellore District on 26.4.2018 by considering the petitioner's representation dated 17.4.2018.

2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Katpadi Taluk, Vellore District and also claims to be one of the members of the 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 respondent on 17.04.2018 seeking permission to conduct the cultural programme on 26.04.2018. As the said representation has not been considered by the respondent so far, the petitioner is before this Court.

3. The learned Additional Government Pleader appearing for the respondent, 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 Additional Government Pleader for the respondent, this writ petition is disposed of with the following directions:- (a) The cultural programme in connection with Arulmigu Sri Vinayagar and Mariamman Thiru Koil Festival at Kasikuttai Village, Jabbarapettai Post, Katpadi Taluk, Vellore District by considering the petitioner's representation dated 17.4.2018 be held on 26.04.2018 between 06.00 p.m., and 11.00 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 respondent is directed to issue necessary permission incorporating the above conditions. No costs.

Sd/- Asst.Registrar (CS IX ) /true copy/ Sub Asst. Registrar tsi To The Inspector of Police Viruthampattu Police Station, Viruthampattu, Katpadi Taluk, Vellore District + 1 cc to Mr.D.Thirumoorthy Advocate,SR.30250 + 1 cc to The Govt.Pleader, SR.30324 W.P.No.9991 of 2018 nr 25/04/2018