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Madras High CourtWP/11105/2018disposed of

Mr.C.Samikkannu, v. The Superinteendent Of Police,

2018-04-28Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.11105 of 2018 C.Samikkannu ..

Petitioner -vs1. The Superintendent of Police Tiruvannamalai District Tiruvannamalai

2. The Inspector of Police Kannamangalam Police Station Polur Taluk Tiruvannamalai District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 25.04.2018 and thereby direct the respondent police to grant permission to the petitioner to conduct the cultural programmes in the temple festival of Shri Kali Amman Shri Mari Amman temple situated at Athuvambadi village, Polur Taluk, Tiruvannamamalai District which is going to be held on 29.04.2018. For Petitioner ::

Mr.B.Gopalakrishnan For Respondents ::

Mr.D.Suriyanarayanan Additional Government Pleader

ORDER

The petitioner seeks a direction to the respondents to grant permission to conduct the cultural programmes in the temple festival at Shri Kali Amman Shri Mari Amman temple situated at Athuvambadi village, Polur Taluk, Tiruvannamamalai District on 29.04.2018, by considering the petitioner's representation dated 25.04.2018.

2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Athuvambadi village and also claims to be the member of Vizha Committee. Since the committee has been conducting the cultural programme 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 respondents on 25.04.2018 seeking permission to conduct the cultural programme on 29.04.2018. As the said representation has not been considered by the respondents so far, the petitioner is before this Court.

3. The learned Additional Government Pleader appearing for the respondents, 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 respondents, this writ petition is disposed of with the following directions:- (a) The cultural programme in connection with the festival at Shri Kali Amman Shri Mari Amman temple situated at Athuvambadi village, Polur Taluk, Tiruvannamamalai District be held on 29.04.2018 between 07.00 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 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 religious 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.

(h) Similarly, the Police is empowered to stop the cultural programme, if it exceeds beyond the permitted time.

(i) The participants of the programme shall not intake any kind of toxic substance or liquor during the programme.

(j) If there is any untoward incident taking place, the village people and the organizers of the programme be made responsible for the same; and (k) The second respondent is directed to issue necessary permission incorporating the above conditions.

No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ss To

1. The Superintendent of Police Tiruvannamalai District Tiruvannamalai

2. The Inspector of Police Kannamangalam Police Station Polur Taluk Tiruvannamalai District 3.The Additional Public prosecutor, High court, Madras.

+1cc toMr.B.Gopalakrishnan, Advocate sr.no.32124 W.P.No.11105 of 2018 nr 28/04/2018