J.Mathiyazhagan, v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.18045 of 2018 J.Mathiyazhagan ..
Petitioner -vs1.The Superintendent of Police, Namakkal District.
2.The Inspector of Police, Namakkal Police Station, Namakkal District.
..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents herein to pass orders on the representation of the petitioner dated 06.07.2018, thereby granting permission and protection for conducting cultural programme on 29.07.2018 night between 8.00 p.m. and 11.00 p.m. at Anbu Nagar Scheme III, R.P.Pudhur, Namakkal District.
For Petitioner ::
Mr.T.Dhasarathan For Respondents ::
Mr.S.N.Parthasarathy, G.A.
ORDER
The petitioner seeks a direction to the respondents to grant permission to conduct the cultural programme in in the event of Palapattarai Mariamman Temple Festival, Anbu Nagar Scheme III, R.P.Pudhur, Namakkal District, on 29.07.2018 by considering the petitioner's representation dated 06.7.2018.
2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of R.P.Pudhur, Namakkal District and also claims to be one of the members 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 06.07.2018 seeking permission to conduct the cultural programme on 29.07.2018. As the said representation has not been considered by the respondents so far, the petitioner is before this Court.
3. The learned Government Advocate 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 Government Advocate for the respondents, this writ petition is disposed of with the following directions:- (a) The cultural programme in connection with in the event of Palapattarai Mariamman Temple Festival, Anbu Nagar Scheme III, R.P.Pudhur, Namakkal District, by considering the petitioner's representation dated 06.07.2018 be held on 29.07.2018 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 2nd respondent is directed to issue necessary permission incorporating the above conditions. No costs.
Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar tsi To 1.The Superintendent of Police, Namakkal District.
2.The Inspector of Police, Namakkal Police Station, Namakkal District.
+ 1 cc to Mr. T. Dhasarathan, Advocate SR.47302 + 1 cc to Mr. Government Pleader SR.48007 W.P.No.18045 of 2018 (CS-DR) EU(26/07/2018)