Madras High Court
P.Sathish Kumar vs The Inspector Of Police on 2 November, 2018
Author: R.Mahadevan
Bench: R.Mahadevan
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2018
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN
W.P.No.28845 of 2018
P.Sathish Kumar .. Petitioner
Vs
The Inspector of Police
Rasipuram Police Station
Namakkal District. .. Respondent
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Mandamus directing the respondent authority
to give permission to conduct the dance program at Kattanachampatty
Village and the place of Kattanachampatty Arulmegu Sri Mariamman
Thiruvizha on 07.11.2018 and subsequent the petitioner's
representation dated 12.10.2018 at Vanniyar Street, Kattanachampatty
Village & Post, Rasipuram Taluk, Namakkal District.
For Petitioner : Mr.V.Ravichandran
For Respondent : Mr.E.Balamurugan
Special Government Pleader
ORDER
Seeking permission to conduct the cultural programme in connection with the Temple Festival of Arulmegu Sri Mariamman Thirukoil at Vanniyar Street, Kattanachampatty Village & Post, http://www.judis.nic.in 2 Rasipuram Taluk, Namakkal District on 07.11.2018, the petitioner addressed a representation dated 12.10.2018 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. This Court, on earlier occasions, has not granted permission to conduct dance programme on the ground that obscene movements and dialogues are involved in the dance performances. It is also submitted by the learned Special Government Pleader appearing for the respondent that various complaints have been received to the effect that these Aadal Paadal programmes are conducted involving obscene dialogues and dance movements and the same are even put in web portals and public medias. In such view of the matter, this Court directed the Director General of Police to issue appropriate circular to all the station house police officers incorporating the directions in this regard. In compliance of the same, the Director General of Police has issued circular in R.C.No.159539/Crime.4(3)/2018, dated 31.10.2018 for strict adherence.
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4. In this case, the petitioner assured that no such obscene dance movements and dialogues will be there in the cultural programme in connection with the Temple Festival of Arulmegu Sri Mariamman Thirukoil at Vanniyar Street, Kattanachampatty Village & Post, Rasipuram Taluk, Namakkal District, scheduled to be held on 07.11.2018 and whatever conditions this Court imposes for conducting the cultural programme, the same will be adhered to by the petitioner in letter and spirit.
5.In view of the assurance so given by the petitioner, the respondents are directed to permit the petitioner to conduct the cultural programme in connection with the Temple Festival of Arulmegu Sri Mariamman Thirukoil at Vanniyar Street, Kattanachampatty Village & Post, Rasipuram Taluk, Namakkal District, scheduled to be held on 07.11.2018, with the following conditions:-
(a) The cultural programme in connection with the Temple Festival of Arulmegu Sri Mariamman Thirukoil at Vanniyar Street, Kattanachampatty Village & Post, Rasipuram Taluk, Namakkal District, shall be conducted on 07.11.2018 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.
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(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 programme, if it is conducted beyond the permitted time limit.
(i) The territorial/jurisdictional Police Officer is directed to videograph the entire cultural programme at the cost of the petitioner and he shall take immediate legal action in accordance with law, if he finds any violation upon perusal of the said video C.D.
(j) At the time of submitting his application, the petitioner is bound to pay the required amount to the concerned authority upon proper receipt for the purpose of taking videography of the programme. http://www.judis.nic.in 5
6. Accordingly, the writ petition stands disposed of. No costs.
02.11.2018 6/9 Index : Yes/No vga Note : Issue order copy today To The Inspector of Police Rasipuram Police Station Namakkal District.
http://www.judis.nic.in 6 R.MAHADEVAN, J.
vga W.P.No.28845 of 2018 02.11.2018 6/9 http://www.judis.nic.in