Madras High Court
M.Soundharrajan vs The Superintendent Of Police on 26 August, 2022
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
W.P.No.22560 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
W.P. No.22560 of 2022
M.Soundharrajan ... Petitioner
Vs.
1.The Superintendent of Police,
Namakkal, Namakkal District 637 001.
2.The Inspector of Police,
Paramathi – Velur Police Station, Paramathi – Velur Taluk,
Namakkal District 638 182. ..Respondent
PRAYER: Writ Petition is filed under Article 226 of Constitution of India,
pleased to issue a Writ of Mandamus, directing the first and second
respondents to grant permission to conduct the cultural programme of Adal
Padal on 01.09.2022 at 6.00 pm to 11.00 pm at “Sri Vinayakar Temple
Vinayakar Chathurthi Festival” Kuppuchipalayam Village,
Kuppuchipalayam Post, Paramathi -Velur Taluk, Namakkal District by
consider and pass orders on the representation dated 19.08.2022 made by the
petitioner.
________
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.P.No.22560 of 2022
For Petitioner : Mr.S.Mayilnathan
For Respondent : Mr.N.Muthuvel
Government Advocate (Crl.Side)
ORDER
This Writ Petition has been filed to direct the first and second respondents to grant permission to conduct the cultural programme of Adal Padal on 01.09.2022 at 6.00 pm to 11.00 pm at “Sri Vinayakar Temple Vinayakar Chathurthi Festival” Kuppuchipalayam Village, Kuppuchipalayam Post, Paramathi -Velur Taluk, Namakkal District by consider and pass orders on the representation dated 19.08.2022 made by the petitioner.
2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.
3. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the police do not have any reservations on the place, where the function is to be conducted. However, there is an apprehension that some law and order problem may arise during the cultural programme. He would also submit that the Director General of Police, in his ________ https://www.mhc.tn.gov.in/judis Page 2 of 6 W.P.No.22560 of 2022 proceedings in Rc.No.007301/Genl.I(1)/2019 dated 09.04.2019, has issued circular to the Commissioner of Police, Superintendent of Police and all the Station Housing Officers, directing them to follow the procedure and instruct the petitioner seeking permission to conduct cultural programmes to comply with the conditions and permission may be granted subject to the petitioner agreeing to comply with the said conditions by filing necessary undertaking before the respondent police.
4. The respondents police are directed to grant permission for conducting the cultural programme (ie.,) Adal Padal Dance Programme as sought by the petitioner, with the following conditions:
(a) The Aadal Paadal programme in connection with festival or any cultural programme, SHO should specify the time and the same shall not be later than 10.00 p.m;
(b) double meaning songs should not be played so as to spoil the minds of students and the youth;
(c) no songs, touching upon any political party or religion, community or caste be played;
(d) Organizers shall not erect any digital banners/pla cards on either side of the arterial roads, platforms, walkways/major roads and any other roads;
(e) the function should not affect caste, religious or ________ https://www.mhc.tn.gov.in/judis Page 3 of 6 W.P.No.22560 of 2022 communal harmony and shall be conducted without any discrimination;
(f) 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;
(g) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time;
(h) the participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme;
(i) if any untoward incident takes place, the organizers of the programme be made responsible for the same;
(j) the authority concerned shall videograph the entire programme at the cost of the applicant and submit the CD to the S.P concerned;
(k)Organizers shall have to obtain all other required permission from the authorities concerned;
(l)Any other conditions as the authority concerned consider to impose according to the ground reality”.
5. The petitioner is also directed to ensure that the conditions are strictly complied with and also to ensure that no law and order problem is ________ https://www.mhc.tn.gov.in/judis Page 4 of 6 W.P.No.22560 of 2022 created in the course of conducting the programme. If there is any rival claim, the police is also directed to hear the other side before granting permission to the petitioner. Further, the petitioner is directed to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the respondent police towards bundobust charges. The uploaded copy can be utilised for the purpose of execution of the order.
6. The Writ Petition stands disposed of with the above directions. However, there shall be no order as to costs.
26.08.2022 Index :Yes/No Internet:Yes/No shk/nr N. SATHISH KUMAR, J.
shk ________ https://www.mhc.tn.gov.in/judis Page 5 of 6 W.P.No.22560 of 2022 To
1.The Superintendent of Police, Namakkal, Namakkal District 637 001.
2.The Inspector of Police, Paramathi – Velur Police Station, Paramathi – Velur Taluk, Namakkal District 638 182.
3.The Public Prosecutor, High Court of Madras.
W.P. No.22560 of 2022
26.08.2022 ________ https://www.mhc.tn.gov.in/judis Page 6 of 6