K.Ramesh v. The Superintend Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.05.2022
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.12927 OF 2022 K.Ramesh S/o.Kumarasamy ... Petitioner Vs.
1. The Superintendent of Police, Superintendent Office, Namakkal District.
2. The Inspector of Police, Velur Police Station, Namakkal District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent authority to give permission and police protection to conduct Cultural program (Adal Padal Nigalchi) in the event of Vellatharai Maariyamman festival at Mariyamman Thidal on 23.05.2022 between 07.00 p.m and 11.00 p.m by considering the representation dated on 14.05.2022. For Petitioner : Mr.Deepan Uday For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
This Writ Petition was filed seeking for permission to conduct the cultural programme (Adal Padal Nigalchi) in the event of Vellatharai Maariayamman festival at Mariamman Thidal on 23.05.2022 between 7.00 p.m. and 11.00 p.m. by considering the petitioner's representation dated 14.05.2022. 2.Learned Additional Public Prosecutor, appearing for the respondents, on instructions, submitted that a similar function is scheduled to be conducted in the adjacent village on
23.05.2022 and there are lots of problems that are anticipated in that function. Hence, the learned Additional Public Prosecutor submitted that the petitioner can have the function on any other date.
3.In view of the specific stand taken by the respondent police, the petitioner shall conduct the function on 25.05.2022 and the said function shall be conducted subject to following conditions:- (a) The cultural programme in connection with the event of Vellatharai Maariayamman festival at Mariamman Thidal is permitted to be conducted on 25.05.2022 between 06.00 p.m. and 11.00 p.m.
(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondent police towards police protection.
(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (d) Double meaning songs should not be played so as to spoil the minds of students and youths.
(e) No dance or songs, touching upon any political party or religion or community or caste shall be played. (f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(h) If there is 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 forthwith; and (i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (j) The 2nd respondent is directed to issue necessary permission, incorporating the above conditions.
4. With the above directions, this Writ Petition stands allowed. No costs.
Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar mkn/dk
To
1. The Superintendent of Police, Superintendent's Office, Namakkal District.
2. The Inspector of Police, Velur Police Station, Namakkal District.
3. The Public Prosecutor, High Court, Madras.
+1cc to M/s.Deepan Uday, Advocate, S.R.No.31571 W.P.No.12927 of 2022 RR(CO) RLP(20/05/2022)