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Madras High CourtWP/19196/2018disposed of

S.Sanmugam, v. The Inspector Of Police,

2018-07-27Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.19196 of 2018 S.Sanmugam ..

Petitioner -vsThe Inspector of Police Gudiyattam Rural Police Station, Gudiyattam, Vellore District.

..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent authority to give permission to conduct the cultural programme (Adal Padal) at Arulmegu Sri Maariyamman Thirukoil, Poongulam Village, Gudiyattam Taluk, Vellore District, scheduled to be held on 03.08.2018 from 6.00 p.m. to 11.p.m. by considering the petitioner's representation dated 18.07.2018. For Petitioner ::

Mr.V.Prabhu For Respondent ::

Mr.E.Balamurugan, Spl. Govt. Pleader

ORDER

The petitioner seeks a direction to the respondent to grant permission to conduct the cultural programme at Arulmegu Sri Maariyamman Thirukoil, Poongulam Village, Gudiyattam Taluk, Vellore District, scheduled to be held on 03.08.2018 from 6.00 p.m. to 11.p.m. by considering the petitioner's representation dated 18.07.2018.

2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Gudiyattam Taluk, Vellore District and also claims to be one of the Committee Members of the above said temple. Since the said 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 18.07.2018 seeking permission to conduct the cultural programme on 03.08.2018. As the said representation has not been considered by the respondent so far, the petitioner is

before this Court.

3. The learned Special 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 Special Government Pleader for the respondent, this writ petition is disposed of with the following directions:- (a) The cultural programme in connection with Arulmegu Sri Maariyamman Thirukoil Festival, Poongulam Village, Gudiyattam Taluk, Vellore District by considering the petitioner's representation dated 18.07.2018 be held on 03.08.2018 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 respondent is directed to issue necessary

permission incorporating the above conditions. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To The Inspector of Police Gudiyattam Rural Police Station, Gudiyattam, Vellore District.

+1cc to Mr.V.Prabhu, Advocate, S.R.No.51172 +1cc to the Government Pleader, S.R.No.51836 W.P.No.19196 of 2018 GSP(31/07/2018)