Madras High Court
Chandrakumar vs The Inspector Of Police on 20 May, 2015
Author: M. Duraiswamy
Bench: M. Duraiswamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.05.2015 CORAM : THE HONOURABLE JUSTICE M. DURAISWAMY W.P.No.14822 of 2015 Chandrakumar, The President, Organizing Committee, Sri Pavalaye and Mallandar Temple. ... Petitioner Vs. The Inspector of Police, Namakkal Police Station, Namakkal District. ... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus, directing the respondent to give permission to conduct the cultural programme in the event of function at Sri Pavalayee and Mallandar Temple, Vesaanam Village, Namakkal Taluk and Namakkal District on 27.05.2015 based on the petitioner's representation dated 15.05.2015. For Petitioner : Mr.R.Jayaprakash For Respondent : Mr.R.Ravichandran Additional Government Pleader O R D E R
The petitioner has filed the above writ petition to issue Writ of mandamus, directing the respondent to give permission to conduct the cultural programme in the event of function at Sri Pavalayee and Mallandar Temple, Vesaanam Village, Namakkal Taluk and Namakkal District on 27.05.2015 based on his representation dated 15.05.2015.
2.The learned counsel for the petitioner would submit that the petitioner is the President of the Organizing Committee and every year Sri Pavalayee and Mallandar Temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival, with cultural dance programme on 27.05.2015. In this connection, a representation was given on 15.05.2015 to the respondent, with a request to grant permission to conduct Dance programme on 27.05.2015, however, the respondent not permitted to conduct the dance programme. The learned counsel for the petitioner further submitted that as the temple festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village. Hence, this writ petition is filed seeking the aforesaid relief.
3.Mr.R.Ravichandran, learned Additional Government Pleader takes notice for the respondent and submitted that permission should not be granted to the petitioner to conduct the cultural programme.
4.However, this Court in W.P.No.14650 of 2015 dated 14.05.2015 granted permission to the petitioner to conduct the cultural programme imposing stringent conditions. Having regard to the submissions made by the learned counsel on either side, this Court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'cultural dance programme' in connection with the festival of Sri Pavalayee and Mallandar Temple, Vesaanam Village, Namakkal Taluk and Namakkal District on 27.05.2015 between 6.00 p.m. and 10.30 p.m., however with the following conditions:
(a)The cultural programme in connection with Sri Pavalayee and Mallandar Temple, Vesaanam Village, Namakkal Taluk and Namakkal District, be held on 27.05.2015 between 6.00 p.m. and 10.30 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 so as to spoil the minds of students and youths.
(d)No dance or songs, touching upon any political party or religion or community or caste be played.
(e)No flex boards in support of any political party or communal leader be erected.
(f)The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g)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; and
(h)Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time.
(i)The respondent is directed to issue necessary permission, incorporating the above conditions.
Accordingly, the writ petition is disposed of. No costs.
Index : No 20.05.2015
Internet : Yes
va/vsm
Note : Issue order copy on 22.05.2015.
To
The Inspector of Police,
Namakkal Police Station,
Namakkal District.
M. DURAISWAMY, J.
va/vsm
W.P.No.14822 of 2015
20.05.2015