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Madras High CourtWP/14606/2018disposed of

S.Kasi, v. The Inspector Of Police

2018-06-18Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2018

CORAM

The Hon'ble Mr. Justice T.Raja W.P.No.14606 of 2018 S. Kasi ..Petitioner -vsThe Inspector of Police Pernampattu Police Station, Pernampattu Taluk, Vellore District.

..Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to give permission to the petitioner to conduct a cultural program (Adalum Padalum) scheduled to be held on 19.06.2018 at Shri Muthumariamman Temple at No.68, Thottidurai Mottur Post, T.T.Mottur Village, Pernampattu Taluk, Vellore District - 635 810, by considering the petitioner's representation, dated 11.06.2018.

For Petitioner ::

Mr.D.Balakrishnan For Respondent ::

Mr.K.Bhuvaneswari Additional Government Pleader

ORDER

The petitioner seeks a direction to the respondent to give permission to the petitioner to conduct a cultural program (Adalum Padalum) scheduled to be held on 19.06.2018 at Shri Muthumariamman Temple at No.68, Thottidurai Mottur Post, T.T.Mottur Village, Pernampattu Taluk, Vellore District - 635 810, by considering the petitioner's representation, dated 11.06.2018.

2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of T.T.Mottur Village, Pernampattu Taluk, Vellore District and also claims to be the Organizer of Vizha Commttee. Since the committee has been conducting the 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 11.06.2018 seeking permission to conduct the cultural programme on 19.06.2018. 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 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 cultural programme in connection with Shri Muthumariamman Temple at No.68, Thottidurai Mottur Post, T.T.Mottur Village, Pernampattu Taluk, Vellore District by considering the petitioner's representation dated 11.06.2018 be held on 19.06.2018 between 06.00 p.m., and 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 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 communal leader, shall be erected at the premises of the programme.

(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 forthwith.

(h) Similarly, the Police is directed to stop the dance programme, if it is played beyond the permitted time limit, and

(i) The respondents are directed to issue necessary permission incorporating the above conditions. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar sd To The Inspector of Police Pernampattu Police Station, Pernampattu Taluk, Vellore District.

+1 cc to M/s.D.Balakrishnan Advocate sr 38007 +1 cc to the Govt Pleader sr 38307 W.P.No.14606 of 2018 aa19/06/2018