IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.06.2017 CORAM THE HONOURABLE Mr.JUSTICE R.MAHADEVAN W.P.No.14271 of 2017 S.Subramani .. Petitioner Vs The Inspector of Police, R.K.Pet Police Station, R.K.Pet, Tiruvallur District. .. Respondent Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of the respondent dated 03.06.2017 and quash the same and further direct the respondent to grant permission and protection to conduct cultural programme in Arulmigu Mariamman Temple, C.N.G. Kandigai Village, V.K.R.Puram Post, Pallipattu Taluk, Tiruvallur District, going to be held on 14.06.2017.
For Petitioner : Mr.B.Jawahar For Respondent : Mr.D.Vairamurthy Special Government Pleader O R D E R Seeking permission to conduct cultural programme relating to Arulmighu Mariamman Temple Festival, at C.N.G. Kandigai Village, V.K.R.Puram Post, Pallipattu Taluk, Tiruvallur District, on 14.06.2017, the petitioner addressed a representation dated 03.06.2017 to the respondent. The said representation was rejected by the respondent by way of passing the impugned order dated 03.06.2017. Hence 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 14.06.2017 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, the impugned order dated 03.06.2017 is quashed and the petitioner is permitted to conduct cultural programme in C.N.G. Kandigai Village, V.K.R.Puram Post, Pallipattu Taluk, Tiruvallur District, relating to the temple festival of Arulmighu Mariamman Temple, at Tiruvallur District, scheduled to be held on 14.06.2017, with the following conditions:-
(a) The cultural programme in connection with the Arulmighu Mariamman Temple Festival, at Tiruvallur District, shall be conducted on 14.06.2017 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 respondent is directed to issue necessary permission, incorporating the above conditions.
5. The writ petition is disposed of accordingly. No costs.
Index : Yes/No Internet: Yes/No KM Note : Issue order copy on 12.06.2017.
08.06.2017 R.MAHADEVAN, J.
KM To The Inspector of Police, R.K.Pet Police Station, R.K.Pet, Tiruvallur District.
WP.No.14271 of 2017 08.06.2017 http://www.judis.nic.in