Madras High Court
Gurumban vs The Commissioner Of Police on 12 September, 2024
W.P(MD)No.21746 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.09.2024
CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.P.(MD)No.21746 of 2024
and
W.M.P(MD)No.18374 of 2024
Gurumban ...Petitioner
Vs.
1.The Commissioner of Police,
Madurai City, Madurai.
2.The Inspector of Police,
D2, Sellur Police Station,
Madurai City, Madurai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records pertaining to the impugned order passed by the
second respondent, dated 06.09.2024 and quash the same and
consequently, direct the second respondent to give permission to the
petitioner to organize dance program (Madura Kulunga Kulunga) on
15.09.2024 from 06.00 pm to 11.00 pm at Arulmigu Sri Muniyandi Sri
Mariyamman Temple.
For Petitioner : Mr.N.Jeyaram Sidharth
For Respondents : Mr.E.Antony Sahaya Prabahar,
Additional Public Prosecutor.
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.21746 of 2024
ORDER
This Writ Petition is directed against the impugned order passed by the second respondent, dated 06.09.2024 and consequently, direct the second respondent to give permission to the petitioner to organize dance program (Madura Kulunga Kulunga) on 15.09.2024 from 06.00 pm to 11.00 pm at Arulmigu Sri Muniyandi Sri Mariyamman Temple.
2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. The learned Additional Public Prosecutor appearing for the respondents would submit that they have already issued proceedings rejecting the representation, dated 06.09.2024 made by the writ petitioner for conducting “Adal Padal” stating that there is every possibility for law and order problem issue, if such programme is proceeded with. He would further submit that the organizers may be directed to follow the conditions, which were given by the Hon'ble Division Bench of this Court in W.P(MD)No.12535 of 2023, dated 24.05.2023. 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.21746 of 2024
4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they will follow the directions of the Hon'ble Division Bench without any deviation.
5. It is necessary to refer the directions issued by the Hon'ble Division Bench in W.P.(MD)No.12535 of 2023, dated 24.05.2023.
“ 15. Therefore, this Court, in order to give a quietus to such issues, disposes of this writ petition with the following directions:
(a) On the seventh day from the date of the receipt of the representation, for the conduct of the cultural program (Adal Padal), associated with any temple festival, if the authorities do not take steps either to grant permission or reject permission, there shall be a deemed permission on the eighth day;
(b) On such deemed permission, the organisers, who shall be the responsible members of the festival committee, shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted;
(c) The program shall not extend beyond 10 p.m.;
(d) No women participating in the cultural program 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.21746 of 2024 would be depicted or portrayed in an obscene or undignified manner either in the form of clothing or otherwise;
(e) The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played;
(f) There shall be no supply of alcohol or any intoxicating material in and around the area where cultural program is scheduled to be held; In case of violation of any conditions, it is open to the authorities to initiate such action as is required under law and the persons who are the organisers/committee members shall be held responsible. The Public Prosecutors shall ensure circulation of this order to the Superintendent of Police of all the Districts for issuing suitable instructions to their subordinate officers. No costs.”
6. It is also brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019, dated 09.04.2019, along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police and taking note of the undertaking on behalf of the petitioner that they will follow the direction 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.21746 of 2024 of the Hon'ble Division Bench and also the fact that the petitioner's representation for conducting “Adal Padal” came to be rejected, the writ petitioner is directed to give a fresh representation to the second respondent seeking permission and on such receipt of the same, the second respondent is directed to consider the same and pass suitable orders based on the above said circular.
7. With the above directions, this writ petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
12.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das To
1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, D2, Sellur Police Station, Madurai City, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.21746 of 2024 K.MURALI SHANKAR, J das Order made in W.P.(MD)No.21746 of 2024 Dated : 12.09.2024 6/6 https://www.mhc.tn.gov.in/judis