G.Rajasekar vs The Inspector Of Police on 12 April, 2022

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Madras High Court

G.Rajasekar vs The Inspector Of Police on 12 April, 2022

Bench: A.D.Jagadish Chandira

                                                                                   W.P.No.9100 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 12.04.2022

                                                        CORAM

                              THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                                 W.P.No.9100 of 2022

                  G.Rajasekar,
                  S/o.P.Govindasamy                                            ... Petitioner

                                                         Vs

                  The Inspector of Police,
                  Arakandanallur Police Station,
                  Kandachipuram District,
                  Viluppuram District.                                         ... Respondent

                  Prayer: Writ Petition filed under Article 226 of the Constitution of India, prayed
                  for the issuance of Writ of Mandamus, directing the Respondent to grant
                  permission to conduct cultural program (Dance and Music Program) in SRI
                  THROPATHIAMMAN TEMPLE situated at No.4/5, Manmadhan Kovil Street,
                  Veerapandi and Post, Kandachipuram Taluk, Viluppuram District, scheduled to
                  be held on 17.04.2022 from 6.00 pm to 11.00 pm.


                                       For Petitioner    : Mr.N.Desinghu

                                       For Respondent    : Mr.A.Gokulakrishnan
                                                           Additional Public Prosecutor


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                                                                                     W.P.No.9100 of 2022

                                                          ORDER

This writ petition has been filed, to direct the respondent to grant permission to conduct cultural program (Dance and Music Program) in SRI THROPATHIAMMAN TEMPLE situated at No.4/5, Manmadhan Kovil Street, Veerapandi and Post, Kandachipuram Taluk, Viluppuram District, scheduled to be held on 17.04.2022 from 6.00 pm to 11.00 pm.

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 does 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 tournament. 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, the Superintendent of Police and all the Station Housing Officers and directed them to follow the procedure and instruct the 2/6 https://www.mhc.tn.gov.in/judis W.P.No.9100 of 2022 petitioner seeking permission to conduct cultural programs 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 Program (Dance and Music Program) on 17.04.2022 at 6.00 pm to 10.00 pm, by enclosing the following conditions:-

(a) The Aadal Paadal programme in connection with festival or any cultural programme, SHO should specify the time and the same shall not be later than 10.00 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.15,000/- to the respondent police for providing bondobust.

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6. This Writ Petition stands disposed of with the above directions.

However, there shall be no order as to costs.

12.04.2022 Index : Yes/No Internet :Yes/No Speaking order/Non-speaking order arb/rgm Note: Issue Order Copy on 13.04.2022.

1.The Inspector of Police, Arakandanallur Police Station, Kandachipuram District, Viluppuram District.

2.The Public Prosecutor, High Court of Madras.

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