K.V.Gnanasekaran, v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2018
CORAM:
THE HON'BLE MR. JUSTICE T.RAJA W.P.No.13345 of 2018 K.V.Gnanasekaran .. Petitioner Vs The Inspector of Police, Kannankurichi Police Station, Salem District.
.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondent to consider the petitioner's representation dated 31.05.2018 and consequently direct the respondent to grant permission to the petitioner in order to conduct the cultural programme which is scheduled to be held on 07.06.2018 at Arulmigu Muthumariamman Thirukovil, Thamarai Nagar, 15th Ward, Kannankurichi, Salem District.
For petitioner : Mr.N.Vijaya Basker For Respondent : Mrs.K.Bhuvaneswari, AGP
O R D E R
The petitioner seeks a direction to the respondent to grant permission to the petitioner in order to conduct the cultural program which is scheduled to be held on 07.06.2018 in Arulmighu Muthumariamman Thirukovil, Thamarai Nagar, 15th ward, Kannankurichi, Salem District, on the basis of his representation dated 31.05.2018.
2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Thamarai Nagar, Kannankurichi, Salem District, and also claims to be the President of the Festival 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 dated 31.05.2018 seeking permission to conduct the cultural programme on 07.06.2018. 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 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 cultural programme (Adal Padal) in connection with Arulmighu Muthumariamman Thirukovil, Thamarai Nagar, 15th ward, Kannankurichi, Salem District, be held on 07.06.2018 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 respondent is directed to issue necessary permission incorporating the above conditions. No costs.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar rkm To The Inspector of Police, Kannankurichi Police Station, Salem District.
+1cc to Mr.LAW VISION Advocate, S.R.No. 35048(07.06.2018) W.P.No.13345 of 2018 CA(CO) TR(06/06/2018)