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Madras High Court

V.Ramakrishnan vs / on 24 May, 2023

Author: Sathi Kumar Sukumara Kurup

Bench: Sathi Kumar Sukumara Kurup

                                                                                   WPNo.16127 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 24.05.2023

                                                          CORAM:

                       THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                   W.P.No.16127 of 2023

                 V.Ramakrishnan                                                   ... Petitioner

                                                             /vs./

                 The Inspector of Police,
                 Pudupettai Police Station,
                 Pudupettai,
                 Panruti Taluk,
                 Cuddalore District.                                              ... Respondent

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the respondent to grant permission to
                 conduct cultural program (Dance and Music Program) in ARULMIGU SRI
                 DRAUPADI AMMAN TEMPLE situated at, No.1/28, South Street, Akkadavalli
                 & Post, Panruti Taluk, Cuddalore District, Pin.607 205. Scheduled to be held on
                 02.06.2023 from 7.00 pm to 11.00 pm and considering the petitioner
                 representation dated 20.05.2023.
                                  For Petitioner   :    Mr.N.Desinghu
                                  For Respondents :     Mr.V.J.Priyadarsana
                                                        Government Advocate(Crl.Side)

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                                                                                    WPNo.16127 of 2023



                                                          ORDER

The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the respondent to grant permission to conduct cultural program (Dance and Music Program) in ARULMIGU SRI DRAUPADI AMMAN TEMPLE situated at, No.1/28, South Street, Akkadavalli & Post, Panruti Taluk, Cuddalore District, Pin.607 205. Scheduled to be held on 02.06.2023 from 7.00 pm to 11.00 pm and considering the petitioner representation dated 20.05.2023.

2.The learned Government Advocate(Crl.Side) takes notice for the Respondent. By consent, the Writ Petition itself is taken up for final disposal.

3.Heard the learned Counsel for the Petitioner and the learned Government Advocate(Crl.Side) appearing for the Respondent.

4.The learned Counsel appearing for the Petitioner would submit that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration. He would also submit that 2/6 https://www.mhc.tn.gov.in/judis WPNo.16127 of 2023 the Petitioner is the Member of the festival committee.

5.The learned Government Advocate(Crl.Side) appearing for the Respondent, on instructions, would submit that the permission sought for by the Petitioner may be granted with appropriate and stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme. He would also submit that no previous case is pending against the Petitioner.

6.In view of the submission made by the learned Government Advocate(Crl.Side), the Writ Petition is disposed of, with a direction to the Respondents concerned to accord permission and Police Protection to conduct the Cultural Programme in connection with the above said festival of the said Temple on above said date, between 6.00 p.m., and 10.00 p.m., by incorporating the following conditions:

a) Obscene dance/songs/vulgar dialogues should be avoided during the programme and the performers must be decently clothed;
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https://www.mhc.tn.gov.in/judis WPNo.16127 of 2023

b) Songs conveying obscene double meaning should not be played in order to avoid awkwardness;

c) No dance or song, touching upon the conduct of any political party or community or caste be played;

d) No flex boards in support of any political party or religious leader be erected;

e) The programme shall be conducted without showing any discrimination based on caste/community etc., and it shall be ensured that it is towards promoting communal harmony;

f) The Participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme;

g) In respect of untoward incident occurring, the organizers of the programme be responsible for the same;

h) The Organizers shall have the names and other particulars of performers;

i) If there is any violation of any of the conditions imposed, the Station House Officer of the Police Station concerned is at liberty to take necessary action, as per law and stop such performance; and 4/6 https://www.mhc.tn.gov.in/judis WPNo.16127 of 2023

j) The said cultural programme should be conducted by following the directions given in the circular issued by the Director General of Police, Tamil Nadu.

k) The Web copy can be utilized for the purpose of execution of the Order. No costs.

24.05.2023 Index : Yes / No Internet : Yes / No rap/rna 5/6 https://www.mhc.tn.gov.in/judis WPNo.16127 of 2023 SATHI KUMAR SUKUMARA KURUP, J.

rap TO:

1. The Inspector of Police, Pudupettai Police Station, Pudupettai, Panruti Taluk, Cuddalore District.
2. The Public Prosecutor, High Court, Madras.
W.P.No.16127 of 2023
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