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Madras High CourtWP/19327/2018disposed of

K.Sakthi, v. The Superintendent 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.19327 of 2018 K.Sakthi ..

Petitioner -vs1. The District Superintendent of Police, Tiruvannamalai, Tiruvannamalai District-606 001.

2. The Inspector of Police, Melsengam Police Station, Sengam Taluk, Tiruvannamalai District-606 703 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 1st and 2nd respondents to consider and pass orders on the representation dated 19.7.2018 made by the petitioner within a time frame fixed by this Court, much before the fixed programme which is to be held on 05.08.2018.

For Petitioner ::

Mr.S.Mayilnathan For Respondents ::

Mrs.P.Rajalakshmi, AGP

ORDER

The petitioner seeks a direction to the respondents to grant permission to conduct the cultural programme scheduled to be held on 05.08.2018 in the eve of Sri Murugan Temple Festival, Andipatti Village, Andipatti Post, Sengam Taluk, Tiruvannamalai District by considering the petitioner's representation dated 19.07.2018 to the respondents.

2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Sengam Taluk, Tiruvannamalai 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 respondents on 19.07.2018 seeking permission to conduct the cultural programme on 05.08.2018. As the said representation has not been considered by the respondents so far, the petitioner is before this Court.

3. The learned Additional 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 Additional Government Pleader for the respondents, this writ petition is disposed of with the following directions:- (a) The cultural programme in connection with Sri Murugan Temple Festival, Andipatti Village, Andipatti Post, Sengam Taluk, Tiruvannamalai District by considering the petitioner's representation dated 19.07.2018 be held on 05.08.2018 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 2nd respondent is directed to issue necessary permission incorporating the above conditions. No costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar

tsi To

1. The District Superintendent of Police, Tiruvannamalai, Tiruvannamalai District-606 001.

2. The Inspector of Police, Melsengam Police Station, Sengam Taluk, Tiruvannamalai District-606 703 +1 CC to Mr.S. Mayilnathan, Advocate sr 51049. +1 CC to The Govt. Pleader sr 51868.

W.P.No.19327 of 2018 SP(31/07/2018)