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2015 Supreme(Mad) 2007

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, J.
Subramaniam - Petitioner
Versus
The Inspector of Police, Moolanur Police Station, Tirupur - Respondent
W.P. No. 14693 of 2015
Decided on : 14-05-2015

Advocates Appeared:
For the Petitioner: C.S. Saravanan
For the Respondent: R. Vijayakumar, Additional Government Pleader

The court has the authority to grant a Writ of Mandamus to direct a public authority to perform a public duty, subject to specific conditions to maintain law and order.

Headnote:

Writ of Mandamus - Dance Program Permission - The court directed the respondent to grant permission for the conduct of a dance program in connection with a temple festival, subject to stringent conditions to maintain law and order and avoid any untoward incidents.

Fact of the Case:

The petitioner, as the President of a temple festival committee, sought permission to conduct a dance program during the festival. The respondent had not granted permission, leading to the filing of the writ petition.

Finding of the Court:

The court found that the petitioner and villagers should be granted permission to conduct the dance program, subject to specific conditions to maintain law and order and prevent any untoward incidents.

Issues: Permission for Dance Program during Temple Festival

Ratio Decidendi: The court balanced the right to conduct the dance program with the need to maintain law and order, imposing specific conditions to regulate the conduct of the program.

Final Decision: The writ petition was disposed of, and the respondent was directed to issue necessary permission for the dance program, subject to the specified conditions.

Judgment :-

1. This writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of Writ of Mandamus, directing the respondent to give permission to conduct the dance program in the event of Arulmigu Sri Bagavathiyamman Thirukovil Festival on 20.05.2015 at Arikaran Valasu, Oothur Dharapuram Taluk, Tirupur District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

3. Learned counsel for the petitioner would submit that the petitioner is the President of Arulmigu Sri Bagavathiyamman Thirukovil at Arikaran Valasu Village, Oothur, Dharapuram Taluk, Tirupur District and every year temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival, with 'dance programme' on 20.05.2015. In this connection, a representation was given on 09.05.2015 to the respondent, with a request to grant permission to conduct dance Programme on20.05.2015, however no order was passed by the third respondent on the said representation and hence the petitioner is before this Court with this writ petition. The learned counsel for the petitioner further submitted that as the temple festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.

4. Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme.

5. Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent, this Court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'dance programme' in connection with Sri Bagavathiyamman Thirukovil festival on 20.05.2015 at about 7.00p.m., however, with the following conditions:-

(a) The petitioner has stated that he is the President of Temple Festival Committee of Arulmigu Sri Bagavathiyamman Thirukovil Festival on 20.05.2015 at Arikaran Valasu, Oothur Dharapuram Taluk, Tirupur District, however, the respondent is directed to verify the said factum.

(b) The dance programme in connection with Bagavathiyamman Thirukovil Festival, be held on 20.05.2015 between 6.00 p.m. and 10.30 p.m.

(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 be played.

(f) No flex boards in support of any political party or communal leader be erected.

(g) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(h) If there is any violation of any one of the conditions imposed, the police officer concerned is at liberty to take necessary action, as per law and stop such performance; and

(i) Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time.

(j) The respondent is directed to issue necessary permission, incorporating the above conditions.

Accordingly, the writ petition is disposed of. No order as to costs.


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