P.Prakesan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2022 CORAM :
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR W.P.No.14183 of 2022 P.Prakesan
...Petitioner
-VsThe Inspector of Police, Mathur Police Station, Mathur,Krishnagiri District.
...Respondent
Prayer : Writ petition filed under Article 226 of the Constitution of India praying to issue of Writ of Mandamus, or any other in the nature of Writ directing the respondent authority to give permission to conduct Cultural programme (Adal Padal Nigalchi) in the event of Goundappanur Village Arulmigu Sree Mariyamman Temple Festival at Pochampalli Taluk, Krishnagiri District on 08.06.2022 between 06.00PM to 11.00 PM by considering my representation dated 30.05.2022 and pass such further order or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner : R.Rajadurai For Respondent : Mr.A.Gokulakrishnan Addl. Public Prosecutor
O R D E R
This petition has been filed to direct the respondent authority to give permission to conduct Cultural programme (Adal Padal Nigalchi) in the event of Goundappanur Village Arulmigu Sree Mariyamman Temple Festival at Pochampalli Taluk, Krishnagiri District on 08.06.2022 between 06.00PM to 11.00 PM by considering my representation dated 30.05.2022
2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. The learned Additional Public Prosecutor appearing for the respondent submitted that the police do not have any reservations on the place, where the function is to be conducted. However, there is an apprehension that some law and order problem may arise during the cultural programme. He would also submit that the Director General of Police, in his proceedings in Rc.No.007301/Genl.I(1)/2019 dated 09.04.2019, has issued circular to the Commissioner of Police, Superintendent of Police and all the Station Housing Officer, directing them to follow the procedure and instruct the petitioner seeking permission to conduct cultural programmes to comply with the conditions and permission may be granted subject to the petitioner agreeing to comply with the said conditions by filing necessary undertaking before the respondent police.
4. The respondent police is directed to grant permission for conducting the cultural programme (ie.,) Adal Padal Dance Programme as sought by the petitioner, with the following conditions:
(a) The Aadal Paadal programme in connection with festival or any cultural programme, SHO should specify the time and the same shall not be later than 10.00 p.m;
(b) double meaning songs should not be played so as to spoil the minds of students and the youth; (c) no songs, touching upon any political party or religion, community or caste be played;
(d) Organizers shall not erect any digital banners/pla cards on either side of the arterial roads, platforms, walkways/major roads and any other roads;
(e) the function should not affect caste, religious or communal harmony and shall be conducted without any discrimination;
(f) 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;
(g) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time;
(h) the participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme;
(i) if any untoward incident takes place, the organizers of the programme be made responsible for the same;
(j) the authority concerned shall videograph the entire programme at the cost of the applicant and submit the CD to the S.P concerned;
(k)Organizers shall have to obtain all other required permission from the authorities concerned; (l)Any other conditions as the authority concerned consider to impose according to the ground reality".
5. The petitioner is also directed to ensure that the conditions are strictly complied with and also to ensure that no law and order problem is created in the course of conducting the programme. If there is any rival claim, the police is also directed to hear the other side before granting permission to the petitioner. Further, the petitioner is directed to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the respondent police towards bundobust charges.
6. The Writ Petition stands disposed of with the above directions. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar dpq To
1. The Inspector of Police, Mathur Police Station, Mathur,Krishnagiri District.
2. The Public Prosecutor, High Court, Madras.
W.P.No.14183 of 2022 SSD[co] NSK/14/06/2022