Madras High Court
M.Sivakumar vs The Inspector Of Police on 4 July, 2018
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.07.2018 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.16372 of 2018 M.Sivakumar .. Petitioner -vs- The Inspector of Police Virinjipuram Police Station Virinjipuram Vellore District .. Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to give permission to conduct a festival dance programme between 5.00 p.m., and 11.00 p.m., on 06.07.2018 at Arulmigu Sri Nalla Thaayamman Thirukoil situate at Sathyamangalam Village, Anaikattu Taluk, Vellore District, by considering the petitioner's representation dated 28.06.2018. For Petitioner :: Mr.V.Prabhu For Respondent :: Mrs.P.Rajalakshmi Additional Government Pleader ORDER
The petitioner seeks a direction to the respondent to give permission to conduct the cultural dance programme in the event of Arulmigu Sri Nalla Thaayamman Thirukoil festival at Sathyamangalam Village, Anaikattu Taluk, Vellore District from 5.00 p.m., to 11.00 p.m., on 06.07.2018, by considering his representation dated 28.06.2018.
2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Sathyamangalam village and also claims to be a member of Vizha Committee. Since the committee has been conducting the cultural dance programme 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 28.06.2018 seeking permission to conduct the cultural dance programme on 06.07.2018. 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 dance programme in connection with the Arulmigu Sri Nalla Thaayamman Thirukoil festival at Sathyamangalam Village, Anaikattu Taluk, Vellore District be held on 06.07.2018 between 07.00 p.m., and 10.30 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 religious leader, be erected.
(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.
(h) Similarly, the Police is empowered to stop the cultural programme, if it exceeds beyond the permitted time.
(i) The participants of the programme shall not intake any kind of toxic substance or liquor during the programme.
(j) If there is any untoward incident taking place, the village people and the organizers of the programme be made responsible for the same; and
(k) The respondent is directed to issue necessary permission incorporating the above conditions.
No costs.
Speaking/Non speaking order 04.07.2018
Index : yes/no
Issue copy today
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To
1. The Inspector of Police
Virinjipuram Police Station
Virinjipuram
Vellore District
T.RAJA, J.
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W.P.No.16372 of 2018
04.07.2018