Madras High Court
K.Subramaniyan vs The Superintendent Of Police on 20 April, 2022
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
W.P.No.9974 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2022
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.No.9974 of 2022
K.Subramaniyan ... Petitioner
Vs
1.The Superintendent of Police,
Cuddalore District,
Cuddalore.
2.The Inspector of Police,
Kammapuram Police Station,
Virudhachalam Taluk,
Cuddalore District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, prayed
for the issuance of Writ of Mandamus, directing the respondents to grant
permission and protection to conduct cultural program (Dance and Music
Program) in Arulmigu Kaman Kovil, Kathazhai Village, Virudhachalam Taluk,
Cuddalore District, scheduled to be held on 21.04.2022 from 6.00 pm to
11.00 pm and considering by the petitioner's representation dated 14.04.2022.
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https://www.mhc.tn.gov.in/judis
W.P.No.9974 of 2022
For Petitioner : Mr.R.Chakkaravarthy
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor
ORDER
This writ petition has been filed, to direct the respondents to grant permission and protection to conduct cultural program (Dance and Music Program) in Arulmigu Kaman Kovil, Kathazhai Village, Virudhachalam Taluk, Cuddalore District, scheduled to be held on 21.04.2022 from 6.00 pm to 11.00 pm and considering by the petitioner's representation dated 14.04.2022.
2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. The learned Additional Public Prosecutor appearing for the respondents 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 2/7 https://www.mhc.tn.gov.in/judis W.P.No.9974 of 2022 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 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 respondents police.
4. The respondents police are directed to grant permission for conducting the Cultural Programme (Dance and Music Program) on 21.04.2022 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, 3/7 https://www.mhc.tn.gov.in/judis W.P.No.9974 of 2022 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;
(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 4/7 https://www.mhc.tn.gov.in/judis W.P.No.9974 of 2022 course of conducting the programme. Further, the petitioner is directed to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the respondents police towards bundobust charges.
6. The petitioner is also directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the Legal Services Authority attached to this Court towards cost, on or before 28.04.2022. Accordingly, the Writ Petition stands disposed of with the above directions.
7. List the matter on 28.04.2022 for reporting compliance.
20.04.2022 Index : Yes/No Internet :Yes/No Speaking order/Non-speaking order arb/rgm Note: Issue Order Copy today (20.04.2022).
5/7https://www.mhc.tn.gov.in/judis W.P.No.9974 of 2022 To
1.The Superintendent of Police, Cuddalore District, Cuddalore.
2.The Inspector of Police, Kammapuram Police Station, Virudhachalam Taluk, Cuddalore District.
3.The Public Prosecutor, High Court of Madras.
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