K.Gnanasekaran, S/O.Kandasamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.05.2015 CORAM :

THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.No.15015 of 2015 K.Gnanasekaran ... Petitioner vs.

The Inspector of Police Gangavalli Police Station, Salem District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus, directing the respondent authority to give permission to the petitioner to conduct the cultural programme schedule to be held on 27.05.2015 at "Arulmeghu Kaliamman Temple" at Pillaiyar Koil street, Kudamalai, Gangavalli Taluk, Salem District by considering the petitioner representation dated 16.05.2015.

For Petitioner : Mr.Karan and Uday For Respondent : Mr.R.Ravichandran 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, directing the respondent authority to give permission to conduct the cultural programme scheduled to be held on 27.05.2015 at "Arulmeghu KaliAmman Temple" at Pillaiyar Koil street, Kudamalai, Gangavalli Taluk, Salem District by considering the petitioner representation dated 16.05.2015.

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 resident of Pillaiyar Koil street, Kudamalai, Gangavalli Taluk, Salem District and every year a festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the festival with cultural dance programme, on 27.05.2015. In this connection, a representation was given on 16.05.2015 to the respondent, with a request to grant permission to conduct Cultural Dance Programme on 27.05.2015. However, the respondent has not given permission to conduct the dance program. 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. Hence, this writ petition is filed seeking the aforesaid relief.

4. Mr.R.Ravichandran, 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 dance programme' in connection with Sri Arulmighu Kali Amman Temple, on 27.05.2015 between 6.00 p.m. and 10.30 p.m., however, with the following conditions:- (a) The dance programme in connection with Sri Arulmighu Kali Amman Temple, be held on 27.05.2015 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 respondent is directed to issue necessary permission, incorporating the above conditions.

Accordingly, the writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar DS To The Inspector of Police Gangavalli Police Station, Salem District.

+1cc to M/s.Karan and Uday, Advocate, S.R.No.25322 +1cc to the Government Pleader, S.R.No.25352 W.P.No.15015 of 2015 RV(CO) CA(25/05/2015)