C.Anbalagan v. The State Represented By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.05.2018
CORAM
THE HONOURABLE MR. JUSTICE S. BASKARAN Writ Petition No. 13119 of 2018 C.Anbalagan ... Petitioner Vs.
The State, rep.by The Inspector of Police, Bommidi Police Station, Dharmapuri District ... Respondent Prayer:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent herein to grant permission to the petitioner to conduct the cultural programme on 31.05.2018 at Sri Mariamman Temple situated at Bilparthi Village, B.Durinjipatti Post, Pappireddipatti Taluk, Dharmapuri District. For Petitioner : Mr.J.Bharathiraja For Respondent : Mr.V.Jayaprakash Narayanan Special Government Pleader
O R D E R
The relief sought for in this writ petition is for a direction to direct the respondent herein to consider the petitioner's representation dated 22.05.2018 and thereby accord permission for the functions and to conduct 'Mariamman Festival' scheduled to be held on 31.05.2018 in the Temple, namely, Sri Mariamman Temple at Bilparthi Village, B.Durinjipatti Post, Pappireddipatti Taluk, Dharmapuri District. 2.The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Bilparthi Village and also claims to be the Organizer of Festival Committee. Since the committee has been conducting the dance and cultural programmes 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 respondent on 22.05.2018 seeking permission to conduct the cultural programme on 31.05.2018. As the said representation has not been considered
by the respondent so far, the petitioner is before this Court.
3. The learned Additional Government Pleader appearing for the respondent, 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 respondent, this writ petition is disposed of with the following directions:- (a) The dance and cultural programmes in connection with the temple festival to be held on 31.05.2018 at Sri Mariamman Temple in Bilparthi Village, B.Durinjipatti Post, Pappireddipatti Taluk, Dharmapuri District.
(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) In the event of causing any damages to the public properties or to the properties belong to the temple or people of locality during the conduct of such festival, the festival committee is fully responsible to pay compensation and such a compensation to be assessed and fixed by the local Inspector of Police with the Assistance of Revenue Officials and accordingly, the said compensation to be recovered in accordance with law. (l) The Festival Committee should ensure that no nuisance or otherwise to be caused during the conduct of cultural programme.
is fully responsible and the Inspector of Police is at liberty to initiate appropriate action under the penal provisions for committing such nuisance.
(m) In the light of the above observations the respondent is directed to consider the representation submitted by the petitioner on 22.05.2018 and pass orders on merits and in accordance with law before the date of festival. (n) If the Executive Magistrate deems if necessary he may also secure a bond from the petitioner under Section 107 of Criminal Procedure Code to maintain peace in the area. However, there is no order as to costs.
Sd/- Vacation Officer //True copy// Sub Assistant Registrar msk To The Inspector of Police, Bommidi Police Station, Dharmapuri District.
+1cc to Mr.R.Kamesh Kumar, Advocate SR.No.34384 W.P.No.13119 of 2018 SKS(CO) GN(31/05/2018)