Madras High Court
S.Selvakannan vs The Inspector Of Police on 3 March, 2021
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.5468 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.5468 of 2021
S.Selvakannan ... Petitioner
Vs
The Inspector of Police,
Valapadi Police Station,
SalemDistrict. ... Respondent
Prayer:Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of Mandamus, directing the respondent to
grant permission to perform the cultural event viz., Aadal Padal (Song and
Dance) programme to be held on 04.03.2021 at 7.00 pm onwards in
connection with the Temple Festival of Sri Kaliyamman Thirukovil,
Ranganur Village, Kurichi Post, Valapadi Taluk, Salem District, by
considering the petitioner's representation dated 27.02.2021.
For petitioner ... Mr.S.Sathish
For Respondent ... Mr.V.Shanmuga Sundar
Special Government Pleader
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https://www.mhc.tn.gov.in/judis/
W.P.No.5468 of 2021
ORDER
This Writ Petition has been filed for a mandamus seeking for a direction to the respondent to grant permission to perform the cultural event viz., Aadal Padal (Song and Dance) programme to be held on 04.03.2021 at 7.00 pm onwards in connection with the Temple Festival of Sri Kaliyamman Thirukovil, Ranganur Village, Kurichi Post, Valapadi Taluk, Salem District by considering the petitioner's representation dated 27.02.2021.
2.Mr.V.Shanmuga Sundar, learned Special Government Pleader accepts notice on behalf of the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.
3.According to the petitioner, he is a resident of the locality where the aforementioned temple is situated. According to the petitioner, the temple intends to conduct a cultural event viz., Aadal Padal (Song and Dance) at the aforementioned temple on 04.03.2021 at 7.00 p.m. onwards. The petitioner has given a representation to the respondent on 27.02.2021 seeking permission to conduct the cultural programme on 04.03.2021. Since the respondent has not considered the petitioner's representation, the 2/6 https://www.mhc.tn.gov.in/judis/ W.P.No.5468 of 2021 petitioner has approached this Court under Article 226 of the Constitution of India.
4.Heard Mr.S.Sathish, learned counsel for the petitioner and Mr.V.Shanmuga Sundar, learned Special Government Pleader appearing for the respondent.
5.Mr.V.Shanmuga Sundar, learned Special Government Pleader appearing on behalf of the respondent, on instructions, would submit that the respondent is willing to permit the petitioner to conduct the cultural programme subject to fulfillment of certain stringent conditions that have been imposed by this Court time and again. He would further submit the cultural programme to be conducted by the petitioner should end by 10.00 p.m. and cannot continue beyond the said time. For this submission, the learned counsel for the petitioner agrees.
6.For the foregoing reasons, this Court directs the respondent to grant permission to the petitioner to conduct cultural event viz., Aadal Padal (Song and Dance) on the occasion of Temple Festival of Sri Kaliyamman Thirukovil, Ranganur Village, Kurichi Post, Valapadi Taluk, Salem District 3/6 https://www.mhc.tn.gov.in/judis/ W.P.No.5468 of 2021 on 04.03.2021 between 07.00 p.m. and 10.00 p.m. subject to the fulfilment of the following conditions by the petitioner.
(a) The cultural programme in connection with the event of festival of Sri Kaliyamman Thirukovil, Ranganur Village, Kurichi Post, Valapadi Taluk, Salem District shall be conducted on 04.03.2021 between 07.00 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 4/6 https://www.mhc.tn.gov.in/judis/ W.P.No.5468 of 2021 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 permission, incorporating the above conditions.
(k) The petitioner will have to produce the original Aadhar Card with the respondent for verification and the same shall be returned by the respondent to the petitioner after verifying the authenticity of the petitioner.
(l) Covid-19 Protocol should be followed.
7.With the aforesaid direction, the Writ Petition is disposed of. No costs.
03.03.2021 Note: Upload / Issue order copy on or before 04.03.2021 Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order srn ABDUL QUDDHOSE, J.
5/6 https://www.mhc.tn.gov.in/judis/ W.P.No.5468 of 2021 srn To The Inspector of Police, Valapadi Police Station, Salem District.
W.P.No.5468 of 2021
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