Madras High Court
P.Sakthivel vs The Inspector Of Police on 28 March, 2022
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
W.P.No.7065 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2022
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.No.7065 of 2022
P.Sakthivel,
S/o.Palanisamy ... Petitioner
Vs
The Inspector of Police,
Appakudal Police Station,
Erode District, Erode. ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India, prayed
for the issuance of Writ of Mandamus, directing the respondent authority to
give Bandhobasth and permission for conducting the Cultural dance program
(Adal Padal) in the event of Oricheri Pudhur Village Arulmigu Sri Maha Mari
Amman Koil Thiruvizha at Anna Nagar, Oricheri, Oricheri Pudhur Village and
Post, Bhavani Taluk, Erode District on 07.04.2022 between 6.00 PM to
11.00 PM based on the petitioner representation dated 18.03.2022.
For Petitioner : Mr.V.Ravichandran
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor
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W.P.No.7065 of 2022
ORDER
This writ petition has been filed, to direct the respondent authority to give Bandhobasth and permission for conducting the Cultural dance program (Adal Padal) in the event of Oricheri Pudhur Village Arulmigu Sri Maha Mari Amman Koil Thiruvizha at Anna Nagar, Oricheri, Oricheri Pudhur Village and Post, Bhavani Taluk, Erode District on 07.04.2022 between 6.00 PM to 11.00 PM based on the petitioner representation dated 18.03.2022.
2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. The learned Additional Public Prosecutor appearing for the respondent 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 tournament. 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 the Commissioner of Police, the Superintendent of Police and all the Station 2/6 https://www.mhc.tn.gov.in/judis W.P.No.7065 of 2022 Housing Officers 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 police.
4. The respondent police is directed to grant permission for conducting the Cultural dance program (Adal Padal) on 07.04.2022 at 06.00 pm to 10.00 pm, 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;3/6
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(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;
(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 4/6 https://www.mhc.tn.gov.in/judis W.P.No.7065 of 2022 course of conducting the programme. Further the petitioner is directed to pay a sum of Rs.15,000/- to the respondent police for providing bondobust.
6. The Writ Petition stands disposed of with the above directions.
However, there shall be no order as to costs.
28.03.2022 (2/2) Index: Yes/No Internet:Yes/No Speaking order/Non Speaking Order arb/rgm To
1.The Inspector of Police, Appakudal Police Station, Erode District, Erode.
2.The Public Prosecutor, High Court of Madras.
A.D.JAGADISH CHANDIRA,J.
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