K.Balasubramani v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.5.2015 CORAM :

THE HONOURABLE MR.JUSTICE V.DHANAPALAN W.P.No.15229 of 2015 K.Balasubramani ... Petitioner vs.

The Inspector of Police, Elachipalayam Police Station, Namakkal District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 22.5.2015 made to the respondent to grant permission in order to conduct the cultural program and to give protection for the said program which is schedule to be conducted on 4.6.2015 at front of the Kalliamman Kovil Temple, Morangam Village, Thiruchengode Taluk, Namakkal District.

For Petitioner : Mr.J.Ramkumar 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, directing the respondent to consider the petitioner's representation dated 22.5.2015 to grant permission in order to conduct the cultural program and to give protection for the program which is schedule to be conducted on 4.6.2015 in front of the Kalliamman Kovil Temple, Morangam Village, Thiruchengode Taluk, Namakkal District.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.

3.Learned counsel for the petitioner would submit that the petitioner is one of the program organizers of the festival committee of Kalliamman Kovil Temple in Morangam Village and every year the 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 4.6.2015. In this connection, a representation was given on 22.05.2015 to the respondent, with a request to grant permission to conduct Cultural Dance Programme on 4.6.2015. However, the 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 Kalliamman Kovil Temple festival, on 4.6.2015 between 6.00 p.m. and 10.30 p.m., however, with the following conditions:- (a) The cultural programme in connection with Kalliamman Kovil Temple festival, be held on 4.6.2015 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 ajr To The Inspector of Police, Elachipalayam Police Station, Namakkal District.

+ 1 cc to Government Pleader Sr.25544 + 1 cc to M/s. J. Ramkumar, Advocate Sr.25498 W.P.No.15229 of 2015 CA(CO) Eu 01.06.15