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Madras High CourtWP/14280/2019disposed of

K.Rajamanickam v. The Inspector Of Police

2019-05-15Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.No.14280 of 2019 K.Rajamanickam Petitioner Vs.

The Inspector of Police Mangalampettai Police Station, Cuddalore - 606 104.

Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, prayed to direct the respondent to consider petitioner's representation dated 03.05.2019 to conduct the cultural programme on 17.05.2019 at Sri Muthumariamman Kovil, M.Puthur Village, Cuddalore District and give police protection. For petitioner : Mr.G.Prakash Kumar For respondent : Ms.P.Kritika Kamal, Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed to direct the respondent to grant permission and protection to conduct cultural programme in Sri Muthumariamman Kovil, M.Puthur Village, Cuddalore District scheduled to be held on 17.05.2019 by considering his representation dated 03.05.2019.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent. 3.The learned counsel for the petitioner would submit that the petitioner is the resident of M.Puthur Village, Cuddalore District where Sri Muthumariamman Kovil is situated. The temple festival will be celebrated in a grand manner every year and during the festival, the villagers planned to conduct Cultural Programme (Adal Padal Nigalchi) on 17.05.2019. In this regard,

the petitioner gave a representation to the respondent on 03.05.2019. Since no action has been taken, the present petition has been filed.

4.The learned Counsel appearing for the petitioner would further submit that though they have sought for conducting the programme on 17.05.2019, due to the Code of Conduct regarding the elections, they are prepared to conduct the programmes, after 27th May 2019, when the Code of Conduct comes to an end and would pray that on fresh application being given, the Respondent Police may be directed to consider the same and pass orders on merits and in accordance with law.

5. Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with the following directions:

The respondent/The Inspector of Police, Mangalampettai Police Station, Cuddlaore - 606 104 is directed to consider the fresh representation of the petitioner and to give permission and to provide police protection for Cultural Programme done by Sri Muthumariamman Kovil, M.Puthur Village, Cuddalore District, scheduled to be held on after 27.05.2019, subject to the following conditions;

"(a) Cultural Programme done by Sri Muthumariamman Kovil, M.Puthur Village, Cuddalore District scheduled to be held after 27.05.2019, should be completed before 11.00 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 as they will spoil the minds of students and youths. (d) No dance or songs, touching upon any political party or religion or community or caste shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(g) 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

(h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.

(i) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions."

6.It is open to the respondent/ Inspector of police to impose any further restrictions or conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Board representing any community political party or organization.

7.In the result, this Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(VO) //True copy// Sub Assistant Registrar ay/mbi To The Inspector of Police Mangalampettai Police Station, Cuddalore - 606 104.

W.P.No.14280 of 2019 KJ(CO) GMY(23/05/2019)