Madras High Court
K.Appavu Nattar vs The Inspector Of Police on 24 July, 2018
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2018 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.18720 of 2018 K.Appavu Nattar .. Petitioner -vs- The Inspector of Police Arakandanallur Police Station Arakandanallur Villupuram District .. Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to grant permission to conduct cultural program (Dance and Music Program) in the Sri Pitari Amman Poraiyatha Temple situated at South Street, Ottampattu, Kandachipuram Taluk, Villupuram District, scheduled to be held on 27.07.2018 from 6.00 pm to 11.00 pm. For Petitioner :: Mr.N.Desinghu For Respondent :: Mr.E.Balamurugan Special Government Pleader ORDER
The petitioner seeks a direction to the respondent to grant permission to conduct the cultural programme (Dance and Music program) in the event of Sri Pitari Amman Poraiyatha Temple festival at South Street, Ottampattu, Kandachipuram Taluk, Villupuram District on 27.07.2018 from 6.00 pm to 11.00 pm, by considering his representation dated 04.07.2018.
2. The learned counsel appearing for the petitioner submitted that the petitioner is a resident of Ottampattu village and also claims to be a member of Vizha Committee. Since the committee has been conducting the cultural 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 04.07.2018 seeking permission to conduct the cultural programme on 27.07.2018. As the said representation has not been considered by the respondent so far, the petitioner is before this Court.
3. The learned Special 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 Special Government Pleader for the respondent, this writ petition is disposed of with the following directions:-
(a) The cultural programme (Dance and Music program) in connection with the Sri Pitari Amman Poraiyatha Temple festival at South Street, Ottampattu, Kandachipuram Taluk, Villupuram District be held on 27.07.2018 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 24.07.2018
Index : yes/no
Issue copy on 25.07.2018
ss
To
1. The Inspector of Police
Arakandanallur Police Station
Arakandanallur
Villupuram District
T.RAJA, J.
ss
W.P.No.18720 of 2018
24.07.2018