P.Muthaiyan 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.15313 of 2015 P.Muthaiyan ... Petitioner vs.
The Inspector of Police, Thammapatti 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 to give permission to the petitioner to conduct a Cultural Program scheduled to be held on 01.06.2015 at ''Arulmigu Shri Mari Amman Temple'', Nadu Vethi, Kondayampalli Post, Gangavalli Taluk, Salem District, by considering the petitioner's representation dated 22.05.2015.
For Petitioner : M/s.Karan and Uday 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 respondent to grant permission to conduct cultural program in ''Arulmigu Shri Mari Amman Temple'', scheduled to be held on 01.06.2015 at Nadu Vethi, Kondayampalli Post, Gangavalli Taluk, Salem District by considering the petitioner's representation dated 22.05.2015.
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 a resident of Nadu Vethi, Kondayampalli Post, Gangavalli Taluk, Salem District and ''Arulmigu Shri Mari Amman Temple Festival'' is being conducted by the villagers for many decades and this year also, the villagers jointly decided to conduct
the village temple festival, with 'cultural dance programme' on 01.06.2015. 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 01.06.2015. 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 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 Special 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 ''Arulmigu Shri Mari Amman Temple Festival'' at Nadu Vethi, Kondayampalli Post, Gangavalli Taluk, Salem District, on 01.06.2015 between 6.00 p.m. and 10.30 p.m., however, with the following conditions:- (a) The cultural programme in connection with ''Arulmigu Shri Mari Amman Temple Festival'' at Nadu Vethi, Kondayampalli Post, Gangavalli Taluk, Salem District, be held on 01.06.2015 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.
tsi s/d- Assistant Registrar(LA) True Copy Sub-Assistant Registrar To The Inspector of Police, Thammapatti Police Station, Salem District.
+ 1 cc to Govt.Pleader SR 25551 + 1 cc to Mr.Karan and Uday,Advocate SR 25604 sai(co) prk4/6 W.P.No.15313 of 2015