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Madras High Court

K. Senthilkumar vs The State on 30 May, 2024

                                                                             W.P.No. 14386 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED 30.05.2024

                                                       CORAM

                                  THE HONOURABLE MR. JUSTICE S. SOUNTHAR

                                              W.P.No. 14386 of 2024

                     K. Senthilkumar                                           .. Petitioner

                                                            Vs.

                     1. The State
                        Represented by
                       The Superintendent of Police,
                       Office of the Superintendent
                       Ariyalur,
                       Ariyalur District.

                     2. The Inspector of Police
                        Meensurutty Police Station
                        Ariyalur,
                       Ariyalur District.                                   .. Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Certiorarified Mandamus, to call for the records
                     of the impugned order passed by the 2nd respondent in his proceedings in
                     Na.Ka.No./03/R1PS/2024 dated 25.05.2024 and consequently direct the
                     2nd respondent to allow the petitioner to conduct Adal Padal Dance
                     Programme in "Arulmigu Sri Vinayagar, Sri Mariyamman Temple, Maha
                     Kumbabishekam Festival" on 14.06.2024.


https://www.mhc.tn.gov.in/judis
                                                                                    W.P.No. 14386 of 2024




                                               For Petitioner         : Mr.W.Camyles Gandhi

                                               For Respondents : Mr.S. Sugendran
                                                                Additional Public Prosecutor


                                                            ORDER

Mr.S.Sugendran, learned Additional Public Prosecutor takes notice on behalf of the respondents, on instructions, submitted that the petitioner may be directed to conduct the cultural festival by following the guidelines issued by this Court in similar matters.

2. In view of the said submissions made by the learned Additional Public Prosecutor appearing for the respondents, the order passed by the second respondent is set aside and the petitioner is permitted to conduct the cultural programme, namely, Adal Padal Dance Programme in "Arulmigu Sri Vinayagar, Sri Mariyamman Temple, Maha Kumbabishekam Festival" on 14.06.2024 by following the guidelines which are mentioned below:-

(a) The cultural programme in connection with the event of "Arulmigu Sri Vinayagar, Sri Mariyamman Temple, Maha Kumbabishekam Festival" on 14.06.2024 is permitted from 6.00 p.m. to https://www.mhc.tn.gov.in/judis W.P.No. 14386 of 2024 10.00 p.m.
(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondent police towards police protection.

(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

(d) Double meaning songs should not be played so as to spoil the minds of students and youths.

(e) No dance or songs, touching upon any political party or religion or community or caste shall be played.

(f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(h) 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

(i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.

(j) The 2nd respondent is directed to issue necessary permission, incorporating the above conditions.

https://www.mhc.tn.gov.in/judis W.P.No. 14386 of 2024

4. With the above directions, this Writ Petition stands allowed.

30.05.2024 Index :Yes/No Internet:Yes/No Speaking/Non speaking order MSM To

1. The Superintendent of Police, Office of the Superintendent Ariyalur, Ariyalur District.

2. The Inspector of Police Meensurutty Police Station Ariyalur, Ariyalur District.

https://www.mhc.tn.gov.in/judis W.P.No. 14386 of 2024 S. SOUNTHAR, J MSM W.P.No. 14386 of 2024 30.05.2024 https://www.mhc.tn.gov.in/judis