C.Mathayan, v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.5.2015 CORAM :
THE HONOURABLE MR.JUSTICE V.DHANAPALAN W.P.No.15215 of 2015 C.Mathayan ... Petitioner vs.
1. The Superintendent of Police, Dharmapuri District.
2. The Inspector of Police, Penakaram Police Station, Dharmapuri District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 2nd respondent to grant permission to conduct cultural program in Thinampatti Sri Periyandichi festival scheduled to be held on 29.05.2015 at Thinampatti, Erupalli Taluk, Nallampalli Taluk, Dharmapuri District by considering petitioner's representation dated 19.05.2015.
For Petitioner : Mr.J.Stalin For Respondent : Mr.V.Jayaprakash Narayanan Special 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 cultural program in Thinampatti Sri Periyandichi Temple festival scheduled to be held on 29.05.2015 at Thinampatti, Erupalli Taluk, Nallampalli Taluk, Dharmapuri District by considering petitioner's representation dated 19.05.2015.
2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 3.Learned counsel for the petitioner would submit that the petitioner is the President of the festival committee of Thinampatti Sri Periyandichi Temple and every year during the fourth week of May, Thinampatti Sri Periyandichi Temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival, with 'cultural dance programme' on 29.05.2015. In this connection, a representation was given on 19.05.2015 to the second respondent, with a request to grant permission to conduct Cultural Dance Programme on 29.05.2015. However, the second respondent has not given permission to conduct the dance programme. 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.V.Jayaprakash Narayanan, learned Special 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 Special 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 'cultural dance programme' in connection with Thinampatti Sri Periyandichi Temple festival, on 29.05.2015 between 6.00 p.m. and 10.30 p.m., however, with the following conditions:- (a) The cultural programme in connection with Thinampatti Sri Periyandichi Temple festival, be held on 29.05.2015 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/- Deputy Registrar/Vocation Officer //True Copy// Sub Assistant Registrar ga To
1. The Superintendent of Police, Dharmapuri District.
2. The Inspector of Police, Penakaram Police Station, Dharmapuri District.
+1cc to Mr.J.Stalin, Advocate, S.R.No.25497 +1cc to the Government Pleader, S.R.No.25555 W.P.No.15215 of 2015 SAI(CO) CA(03/06/2015)