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Madras High CourtWP/14820/2018disposed of

E.Senthil Kumar, v. The Superintendent Of Police,

2018-06-20Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14820 of 2018 E.Senthil Kumar ..

Petitioner -vs1. The Superintendent of Police, Vellore District.

2. The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District.

..

Respondents Petition under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider and grant permission to perform Cultural Programme to be performed on 27.6.2018 as a part of Temple Festival of Arulmighu Sri Kaliyamman and Thirupathi Gangaiamman Temple at Alanganallur Mottur Village, Alanganallur Post, Peranampattu Taluk, Vellore District scheduled between 27.6.2018 and 29.6.2018 based on the petitioner's representation dated 02.06.2018.

For Petitioner :Mr.P.Vasanth For Respondents:Mr.Jayaprakash Narayanan, Special Government PleaderORDER The petitioner seeks a direction to the respondents to grant permission to conduct the cultural programme in the event of Temple Festival of Arulmighu Sri Kaliyamman and Thirupathi Gangaiamman Temple at Alanganallur Mottur Village, Alanganallur Post, Peranampattu Taluk, Vellore District on 27.6.2018 by considering the petitioner's representation dated 02.06.2018.

2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Pernambut Taluk, Vellore District and also claims to be one of the members of the Vizha Committee. 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 02.06.2018

seeking permission to conduct the cultural programme on 27.06.2018. As the said representation has not been considered by the respondents so far, the petitioner is before this Court.

3. The learned Special Government Pleader appearing for the respondents, 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 Special Government Pleader for the respondents, this writ petition is disposed of with the following directions:- (a) The cultural programme in connection with Arulmighu Sri Kaliyamman and Thirupathi Gangaiamman Temple at Alanganallur Mottur Village, Alanganallur Post, Peranampattu Taluk, Vellore District by considering the petitioner's representation dated 02.06.2018 be held on 27.06.2018 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 as it may 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 2nd respondent is directed to issue necessary

permission incorporating the above conditions. No costs.

Sd/- Assistant Registrar (CS-) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Vellore District.

2. The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District.

+1cc to Mr.P.Vasanth, Advocate, Sr.38768 +1cc to The Goverment Pleader sr.39133 W.P.No.14820 of 2018 GSP(22/06/2018)