Madras High Court
K.Baskar vs The Superintendent Of Police on 14 February, 2020
Equivalent citations: AIRONLINE 2020 MAD 123
Author: T.Krishnavalli
Bench: T.Krishnavalli
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.02.2020
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
W.P.(MD)No.2989 of 2020
K.Baskar ... Petitioner
Vs.
1.The Superintendent of Police,
Trichy District, Trichy.
2.The Inspector of Police,
Mannachanallur Police Station,
Mannachanallur, Trichy District. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, directing the respondents to
give the permission and adequate police protection for conducting
Adal Padal Dance Programme on 16.02.2020(Sunday) night at 7.00
p.m to 12.00 a.m on drama stage of Sri Muthu Mariyamman Kovil
of Sri Muthu Mariyamman Kovil Festival belongs to Sengilipatti,
Thiruppanjali Post, Mannachanallur Taluk, Trichy District, on the
basis of his representations, dated 30.01.2020 and 10.02.2020.
For Petitioner : Mr.A.Azhageson
For Respondents : Mr.S.Chandarasekar
Additional Public Prosecutor
ORDER
This writ petition has been filed directing the respondents http://www.judis.nic.into give the permission and adequate police protection for 2 conducting Adal Padal Dance Programme on 16.02.2020(Sunday) night at 7.00 p.m to 12.00 a.m on drama stage of Sri Muthu Mariyamman Kovil of Sri Muthu Mariyamman Kovil Festival belongs to Sengilipatti, Thiruppanjali Post, Mannachanallur Taluk, Trichy District, on the basis of his representations, dated 30.01.2020 and 10.02.2020.
2.Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3.The learned Additional Public Prosecutor appearing for the respondents submits that the police does 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 festival. He would also submit that the Director General of Police, in his proceedings in Rc.No. 007301/Genl.I(1)/2019, dated 09.04.2019 has issued circular to Commissioner of Police, Superintendent of Police and all the Station Housing Officer and directed them to follow the procedure and instruct the petitioner seeking permission to conduct cultural programs 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 http://www.judis.nic.in 3 police.
4.The respondents are directed to grant permission for conducting the cultural programme (ie.,) Adal Padal Dance Programme on 16.02.2020 at 6.00 p.m to 10.00 p.m , by enclosing 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 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 in-toxic substance or liquor during the programme;
(i) if any untoward incident takes place, the organizers of the programme be made responsible for the same http://www.judis.nic.in 4
(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 created in the course of conducting the programme.
6.The writ petition stands disposed of with the above directions. However, there shall be no order as to costs.
14.02.2020
Index : Yes/No
Internet : Yes/No
sji
Note: Issue order copy on 14.02.2020 To
1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Mannachanallur Police Station, Mannachanallur, Trichy District.
http://www.judis.nic.in 5 T.KRISHNAVALLI,J.
sji To W.P.(MD)No.2989 of 2020 14.02.2020 http://www.judis.nic.in