Madras High Court
S.K.Senthil Mani vs The Inspector Of Police on 17 February, 2021
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.3459 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.3459 of 2021
S.K.Senthil Mani ... Petitioner
Vs.
The Inspector of Police,
Thiruchengodu Town Police Station,
Namakkal District. ... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India praying
to issue a writ of mandamus directing the respondent to give permission to
conduct comedy programme in the event of Kumbaabishekam program
Suriyampalayam Arulmigu Mariyamman, Arulmigu Muthukumaraswamy,
Arulmigu Valli Devasena Samedha Kalyana Subramani Swami Mattrum
Parivara Aaalaya Zeronathara Ashtapanthana Maha Kumbaabishekam
Thiruvizha and comedy programme on 24.02.2021 at Suriyampalayam,
Namakkal District.
For Petitioner :Mr.C.S.Saravanan
For Respondent :Mr.V.Prabhu
Government Advocate
ORDER
https://www.mhc.tn.gov.in/judis/ 1/6 W.P.No.3459 of 2021 This writ petition has been filed for a mandamus seeking for a direction to the respondent to give permission to conduct comedy programme in the event of Kumbaabishekam program Suriyampalayam Arulmigu Mariyamman, Arulmigu Muthukumaraswamy, Arulmigu Valli Devasena Samedha Kalyana Subramani Swami Mattrum Parivara Aaalaya Zeronathara Ashtapanthana Maha Kumbaabishekam Thiruvizha on 24.02.2021 at Suriyampalayam, Namakkal District based on the petitioner's representation dated 09.02.2021.
2. Mr.V.Prabhu, learned Government Advocate accepts notice on behalf of the respondent. By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.
3. The case of the petitioner is that he is a local resident at the place where the aforementioned temple is situated. According to him, he has sought for permission on 09.02.2021 to conduct a comedy programme at the aforementioned temple festival on 24.02.2021. According to him, since the said representation has not been considered, he has approached this Court under Article 226 of the Constitution of India.
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4. Heard Mr.C.S.Saravanan, learned counsel for the petitioner and Mr.V.Prabhu, learned Government Advocate for the respondent.
5. On instructions, Mr.V.Prabhu, learned Government Advocate would submit that the respondent is willing to grant permission to the petitioner to conduct comedy programme at the aforementioned temple festival scheduled to take place on 24.02.2021 subject to the fulfilment of stringent conditions imposed by this Court time and again.
6. After recording the submissions made by the learned counsel for the petitioner as well as the learned Government Advocate for the respondent, this Court directs the respondent to grant permission to the petitioner to conduct cultural programme during the aforementioned temple festival scheduled to take place on 24.02.2021 subject to the fulfilment of the following conditions:
(a) The comedy programme in connection with the event of festival of Kumbaabishekam program Suriyampalayam Arulmigu Mariyamman, Arulmigu Muthukumaraswamy, Arulmigu Valli Devasena Samedha Kalyana Subramani Swami Mattrum Parivara Aaalaya Zeronathara Ashtapanthana Maha Kumbaabishekam Thiruvizha, at Suriyampalayam, Namakkal https://www.mhc.tn.gov.in/judis/ 3/6 W.P.No.3459 of 2021 District shall be conducted on 24.02.2021 between 06.00 p.m and 10.00 p.m.
(b)The petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) as charges, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further.
(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(d) Double meaning songs should not be played so as to spoil the minds of students and youths.
(e) No dance or songs, touching upon any political party or religion or community or caste shall be played.
(f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(h) If there is 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; and
(i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.
(j) The respondent is directed to issue necessary https://www.mhc.tn.gov.in/judis/ 4/6 W.P.No.3459 of 2021 permission, incorporating the above conditions.
7. Accordingly, this Writ petition is disposed of. No costs.
17.02.2021
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Note: Issue order copy on 17.02.2021
Index : Yes / No
Internet : Yes / No
Speaking/Non-speaking orders
To
The Inspector of Police,
Thiruchengodu Town Police Station,
Namakkal District.
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W.P.No.3459 of 2021
ABDUL QUDDHOSE, J.
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