IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.06.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.16335 of 2017 P.Ponnusamy Vs The Inspector of Police, Thalaivasal Police Station, Salem District.
.. Petitioner .. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus directing the respondent authority to give police protection to conduct the cultural program (Adal,Padal Programme) at Varagur Sri Muthummariamman Koil Thiruvizha, Aathur Taluk, Salem District on 05.07.2017 by considering the petitioner's representation dated 21.06.2017.
For Petitioner : Mr.R.P. Muruganraja For Respondent : Mr.D.Vairamurthy Special Government Pleader O R D E R Seeking permission to conduct cultural programme in Varagur Sri Muthummariamman Temple Festival, at Aathur Taluk, Salem District, on 05.07.2017, the petitioner addressed a representation dated 21.06.2017 to the respondent. As the same has not been considered, the present writ petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.
3. Since this Court, on earlier occasions, has not granted permission to conduct dance programme on the ground that obscene movements are involved in the dance performances, now, learned counsel for the petitioner gave an assurance that no such obscene dance movements will be there in the cultural programme to be conducted in the temple festival scheduled to be held on 05.07.2017 and whatever conditions this Court imposes for conducting the cultural programme, the same will be adhered to by the petitioner in letter and spirit.
4. In view of the assurance so given by the learned counsel for the petitioner, this writ petition is disposed of, by permitting the petitioner to conduct cultural programme in Varagur Sri Muthummariamman Temple Festival, at Aathur Taluk, Salem District, scheduled to be held on 05.07.2017 with the following conditions:-
(a) The cultural programme in connection with the Varagur Sri Muthummariamman Temple Festival, at Aathur Taluk, Salem District, shall be conducted on 05.07.2017 , between 06.00 p.m. and 11.00 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 as they will spoil the minds of students and youths.
(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.
(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) 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
(h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.
(i) The respondents are directed to issue necessary permission, incorporating the above conditions.
No costs.
29.06.2017 Index : Yes/No Internet: Yes kyl/rk Note : Issue order copy on 04.07.2017 To 1. The Inspector of Police, Thalaivasal Police Station, Salem District.
R.MAHADEVAN, J.
rk/kyl WP.No.16335 of 2017 29.06.2017 http://www.judis.nic.in