Madras High Court
P.Udayakumar vs The Inspector Of Police on 12 May, 2022
Author: A.A.Nakkiran
Bench: A.A.Nakkiran
W.P.No.12690 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.05.2022
CORAM :
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
W.P.No.12690 of 2022
P.Udayakumar ... Petitioner
Vs.
The Inspector of Police,
Sathyamangalam Police Station,
Erode District. ... Respondent
PRAYER: Writ Petition is filed under Article 226 of Constitution of India,
pleased to issue a Writ of Mandamus or any other appropriate writ, order or
direction in the nature of writ, to call for the records in respect of the impugned
order passed by the respondent vide his office proceedings
Na.Ka.No.07Ka.Aa.Sathy/2022 dated 07.05.2022 rejecting the permission to
conduct the cultural dance program at 12.05.2022 at Maha Sakthi Mariamman
Temple premises existing at Karattur Village, Erode District and quash the
same and consequently direct the respondent to give permission and protection
for the above said cultural dance program.
For Petitioner : Mr.S.Manikandan
For Respondent : Mr.S.Balaji
Government Advocate (Crl.Side)
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W.P.No.12690 of 2022
ORDER
The Writ Petition has been filed to call for the records in respect of the impugned order passed by the respondent vide his office proceedings Na.Ka.No.07Ka.Aa.Sathy/2022 dated 07.05.2022 rejecting the permission to conduct the cultural dance program at 12.05.2022 at Maha Sakthi Mariamman Temple premises existing at Karattur Village, Erode District and quash the same and consequently direct the respondent to give permission and protection for the above said cultural dance program.
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 do 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 cultural programme. 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, Superintendent of Police and all the Station Housing https://www.mhc.tn.gov.in/judis 2/6 W.P.No.12690 of 2022 Officer, directing them to follow the procedure and instruct the petitioner seeking permission to conduct cultural programmes 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 programme (ie.,) Adal Padal Dance Programme as sought by the petitioner, with the following conditions:
(a) The Aadal Paadal programme in connection with festival or any cultural programme, shall be conducted on 12.05.2022 between 7.00 p.m and 11.00 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;
(e) the function should not affect caste, religious or communal harmony and shall be conducted without any discrimination;
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(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 intoxicating 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 course of conducting the programme. Further, the petitioner is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the respondent police towards bundobust charges. https://www.mhc.tn.gov.in/judis 4/6 W.P.No.12690 of 2022
6. The Writ Petition stands disposed of with the above directions.
12.05.2022 rgi/ham Index :Yes/No Internet:Yes/No Note: Issue order copy today (12.05.2022).
To
1. The Inspector of Police, Sathyamangalam Police Station, Erode District.
2. The Public Prosecutor, High Court of Madras.
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