Madras High Court
P.Suresh vs The Superintendent Of Police on 24 April, 2018
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.10169 of 2018
P.Suresh .. Petitioner
-vs-
1. The Superintendent of Police,
Office of the Superintendent of Police,
Tiruppur District.
2. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Kangeyam, Tirupur District.
3. The Inspector of Police,
Kangeyam Police Station,
Kangeyam,
Tiruppur District. .. Respondents
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to grant permission to conduct ''Gramiya Kalai Nigazhchi and Dance Program'' scheduled to be held on 27.4.2018 on the eve of Sri Patthatharasi Amman and Sithi Vinayagar Temple Kumbabishekam Festival at Siva Sakthipuram Village, Nathakkadaiyur Post, Kangeyam Taluk, Tirupur District based on the petitioner's representation dated 11.4.2018.
For Petitioner :: Mr.N.Stalin
For Respondents :: Mr.I.Satish,
Additional Government Pleader
ORDER
The petitioner seeks a direction to the respondents to grant permission to conduct ''Gramiya Kalai Nigazhchi and Dance Program'' scheduled to be held on 27.4.2018 on the eve of Sri Patthatharasi Amman and Sithi Vinayagar Temple Kumbabishekam Festival at Siva Sakthipuram Village, Nathakkadaiyur Post, Kangeyam Taluk, Tirupur District based on the petitioner's representation dated 11.4.2018.
2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Kangeyam, Tiruppur 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 11.04.2018 seeking permission to conduct the cultural programme on 27.04.2018. 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 ''Gramiya Kalai Nigazhchi and Dance Program'' on the eve of Sri Patthatharasi Amman and Sithi Vinayagar Temple Kumbabishekam Festival at Siva Sakthipuram Village, Nathakkadaiyur Post, Kangeyam Taluk, Tirupur District be held on 27.4.2018 based on the petitioner's representation dated 11.4.2018.
(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 T.RAJA, J.
tsi
(i) The 3rd respondent is directed to issue necessary permission incorporating the above conditions.
No costs. 24.04.2018
Issue copy on 26.4.2018
tsi
To
1. The Superintendent of Police,
Office of the Superintendent of Police,
Tiruppur District.
2. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Kangeyam, Tirupur District.
3. The Inspector of Police,
Kangeyam Police Station,
Kangeyam,
Tiruppur District.
W.P.No.10169 of 2018
24.04.2018