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Madras High Court

C. Anbalagan vs The Inspector Of Police on 18 June, 2018

Author: T.Raja

Bench: T.Raja

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :  18.06.2018

CORAM

The Hon'ble Mr. Justice T.Raja

W.P.No.14504 of 2018
.	
C. Anbalagan		..Petitioner 

-vs-

The Inspector of Police
Kandhili Police Station,
Tirupattur Taluk, Vellore District.				..	Respondent 	

	Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 08.06.2018 and grant permission to the petitioner to conduct cultural programme which  is scheduled to be held on 27.06.2018 in Sri Mottu Mariyamma Temple situated at Kunichi Mottur, Ambedkar Nagar, Kunichi Post, Tirupattur Taluk, Vellore District. 

		For Petitioner		::	Mr.D.Jagadeesan

		For Respondent		::	Mr.S.N.Parthasarathy,
						          Government Advocate
					
ORDER

The petitioner seeks a direction to the respondent to consider the petitioner's representation dated 08.06.2018 and grant permission to him to conduct cultural programme which is scheduled to be held on 27.06.2018 in Sri Mottu Mariyamma Temple situated at Kunichi Mottur, Ambedkar Nagar, Kunichi Post, Tirupattur Taluk, Vellore District.

2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Kunichi Mottur Village, Tiruppattur Taluk, Vellore District and also claims to be the Organizer of Vizha Commttee. Since the committee has been conducting the cultural programmes as a part of temple festival every year in a peaceful manner without any untoward incident in the past, he has submitted a representation to the respondent on 08.06.2018 seeking permission to conduct the cultural programme on 27.06.2018. As the said representation has not been considered by the respondent so far, the petitioner is before this Court.

3. The learned Government Advocate appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with appropriate stringent conditions for maintaining law and order and also to avoid any untoward incident during the performance of such programme.

4. In view of the submission made by the learned Government Advocate for the respondent, this Writ Petition is disposed of with the following directions:-

(a) The cultural programme in connection with Sri Mottu Mariyamma Temple situated at Kunichi Mottur, Ambedkar Nagar, Kunichi Post, Tirupattur Taluk, Vellore District by considering the petitioner's representation dated 08.06.2018 be held on 27.06.2018 between 06.00 p.m., and 11.00 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 so as to spoil the minds of students and the youths.
(d) No dance or songs, touching upon any political party or religion, community or caste 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 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 forthwith.

T.Raja, J.

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(h) Similarly, the Police is directed to stop the dance programme, if it is played beyond the permitted time limit, and

(i) The respondent is directed to issue necessary permission incorporating the above conditions.

No costs.

Speaking/Non speaking order					 18.06.2018

Index  : yes/no



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To
The Inspector of Police
Kandhili Police Station,
Tirupattur Taluk, Vellore District.
W.P.No.14504 of 2018