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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
P. Dineshkumar - Petitioner
Versus
The Inspector of Police, Panamarathupatti Police Station, Salem - Respondent
W.P. No. 5336 of 2021
Decided On : 03-03-2021
Mandamus - Cultural Programme Permission - The court directed the respondent to grant permission to conduct a cultural programme (Adal Padal Nigalchi) on the occasion of Panamarathupatti Village Mulakkadu Arulmigu Sree Mariamman Temple Festival at Salem Taluk & District on 10.03.2021 between 06.00 p.m and 10.00 p.m. subject to certain conditions.
Fact of the Case:
The petitioner sought a writ of Mandamus to direct the respondent to grant permission to conduct a cultural programme at a temple festival. The respondent had not considered the petitioner's representation, leading to the court petition.
Finding of the Court:
The court directed the respondent to grant permission for the cultural programme subject to specific conditions, including time restrictions, payment of charges, prohibition of obscene content, and adherence to Covid-19 protocols.
Issues: The main issue was the petitioner's request for permission to conduct the cultural programme at the temple festival, which the respondent had not considered.
Ratio Decidendi: The court's decision was based on the willingness of the respondent to permit the cultural programme subject to stringent conditions, and the petitioner's agreement to comply with the specified terms.
Final Decision: The court directed the respondent to grant permission for the cultural programme at the temple festival, subject to the fulfillment of specific conditions, and disposed of the Writ Petition with no costs.
JUDGMENT :
Prayer: 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 conduct the cultural programme of Adal Padal on 10.03.2021 at 6.00 p.m. to 11.00 p.m. at Panamarathupatti Village Mulakkadu Arulmigu Sree Mariamman Temple Festival at Salem Taluk & District, by considering the petitioner's representation dated 24.02.2021 and pass orders.
1. This Writ Petition has been filed for a mandamus seeking for a direction to the respondent to give permission to conduct cultural programme (Adal Padal Nigalchi) on the occasion of Panamarathupatti Village Mulakkadu Arulmigu Sree Mariamman Temple Festival at Salem Taluk & District on 10.03.2021 between 6.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 24.02.2021.
2. Mr. K. Parameshwaran, learned Government Advocate 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 programme (Adal Padal Nigalchi) at the aforementioned temple on 10.03.2021 between 06.00 p.m. and 11.00 p.m. The petitioner has given a representation to the respondent on 24.02.2021 seeking permission to conduct the cultural programme on 10.03.2021. Since the respondent has not considered the petitioner's representation, the petitioner has approached this Court under Article 226 of the Constitution of India.
4. Heard Mr. C. Nandhakumar, learned counsel for the petitioner and Mr. K. Parameshwaran, learned Government Advocate appearing for the respondent.
5. Mr. K. Parameshwaran, learned Government Advocate appearing for 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 programme (Adal Padal Nigalchi) on the occasion of Panamarathupatti Village Mulakkadu Arulmigu Sree Mariamman Temple Festival at Salem Taluk & District on 10.03.2021 between 06.00 p.m and 10.00 p.m. subject to the fulfilment of the following conditions by the petitioner.
(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 are 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 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 i
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