Madras High Court
Mr.S.M.Dhanasekaran vs The Inspector Of Police on 4 October, 2018
Author: R.Mahadevan
Bench: R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.10.2018 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.26285 of 2018 Mr.S.M.Dhanasekaran ... Petitioner Vs The Inspector of Police, Thiruchengode Town Police Station, Thiruchengode, Namakkal District. ... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus directing the respondent to consider the representation dated 25.09.2018 of the petitioner to grant permission to celebrate the annual festival of 'Arulmigu Shri Mariyamman Swami Arulmigu Shri Muthukumaraswamy Kovil' at Sooriyampalayam Village, Thiruchengode, Namakkal District with traditional Music and Dance programme to be performed by Village Folk Artists on 25.10.2018. For Petitioner : Mr.S.Mohan For Respondent : Mr. E.Balamurugan Special Government Pleader O R D E R
Seeking permission to conduct cultural programme in the Arulmigu Shri Mariyamman Swami Arulmigu Shri Muthukumaraswamy Kovil' at Sooriyampalayam Village, Thiruchengode, Namakkal District on 25.10.2018, the petitioner addressed a representation dated 25.09.2018 to the respondent. As the same has not been considered, the present writ petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.
3. Since this Court, on earlier occasions, has not granted permission to conduct dance programme on the ground that obscene movements are involved in the dance performances, now, the petitioner assured that no such obscene dance movements will be there in the cultural programme to be conducted in the Arulmigu Shri Mariyamman Swami Arulmigu Shri Muthukumaraswamy Kovil' at Sooriyampalayam Village, Thiruchengode, Namakkal District scheduled to be held on 25.10.2018 and whatever conditions this Court imposes for conducting the cultural programme, the same will be adhered to by the petitioner in letter and spirit.
4. In view of the assurance so given by the petitioner, this writ petition is disposed of, by permitting the petitioner to conduct cultural programme in the Arulmigu Shri Mariyamman Swami Arulmigu Shri Muthukumaraswamy Kovil' at Sooriyampalayam Village, Thiruchengode, Namakkal District scheduled to be held on 25.10.2018, with the following conditions:-
(a) The cultural programme in connection with the Arulmigu Shri Mariyamman Swami Arulmigu Shri Muthukumaraswamy Kovil' at Sooriyampalayam Village, Thiruchengode, Namakkal District shall be conducted on 25.10.2018 between 06.00 p.m. and 10.00 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 as they will spoil the minds of students and youths.
(d) No dance or songs, touching upon any political party or religion or community or caste shall 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 shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) If there is 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; and
(h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.
(i) The respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
04.10.2018 Index : Yes/No gsk NOTE : Issue order copy on 08.10.2018 R.MAHADEVAN, J.
gsk To The Inspector of Police, Thiruchengode Town Police Station, Thiruchengode, Namakkal District.
W.P.No.26285 of 201804.10.2018