Madras High Court
C.Bharnipan vs The Inspector Of Police on 3 August, 2018
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.08.2018 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.20149 of 2018 C.Bharnipan Petitioner -Vs- The Inspector of Police, Veraiyur Police Station, Veraiyur, Thiruvannamalai District - 605 701. ...Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent authority to grant permission to conduct cultural program (Dance and Music Program) in the Sri Pidari Amman Temple situated at No.320, South Street, Pavithram, Thiruvannamalai Taluk, Thiurvannamalai District scheduled to be held on 12.08.2018 from 07.00 pm to 11.00 pm. For Petitioner :: Mr.N.Deshinghu For Respondent :: Mr.P.Rajalakshmi Additional Government Pleader ORDER
The petitioner seeks a direction to the respondent to grant permission to the petitioner herein for organizing the to conduct cultural program (Dance and Music Program) in the Sri Pidari Amman Temple situated at No.320, South Street, Pavithram, Thiruvannamalai Taluk, Thiurvannamalai District scheduled to be held on 12.08.2018 from 07.00 pm to 11.00 pm. by considering the Petitioners representation dated 30.07.2018.
2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Thiruvannamalai Taluk and District and also claims to be the Dharmakartha of the 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 30.07.2018 seeking permission to conduct the cultural programme on 12.08.2018. As the said representation has not been considered by the respondent so far, the petitioner is before this Court.
3. The learned Additional Government Pleader 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 Additional Government Pleader for the respondent, this writ petition is disposed of with the following directions:-
(a) The cultural programme in connection with Sri Pidari Amman Temple situated at No.320, South Street, Pavithram, Thiruvannamalai Taluk, Thiurvannamalai District by considering the petitioner's representation dated 30.07.2018 be held on 12.08.2018 between 07.00 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.
(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 03.08.2018
Index : yes/no
Issue copy on 06.08.2018
tsi/rkp
To
The Inspector of Police,
Veraiyur Police Station,
Veraiyur,
Thiruvannamalai District - 605 701.
T.RAJA, J.
tsi/rkp
W.P.No.20149 of 2018
03.08.2018