The court has the authority to grant Mandamus for the permission of cultural programmes, subject to stringent conditions and compliance with legal and social guidelines.

JUDGMENT :

Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondent authority to give permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Palayapuliampatti Arulmigu Sree Muthu Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District on24.03.2021 between 6.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 09.02.2021.

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 Palayapuliampatti Arulmigu Sree Muthu Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District on 24.03.2021 between 6.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 09.02.2021.

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 programme (Adal Padal Nigalchi) at the aforementioned temple on 24.03.2021 between 06.00 p.m. and 11.00 p.m. The petitioner has given a representation to the respondent on 09.02.2021 seeking permission to conduct the cultural programme on 24.03.2021. 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. A. Sathishkumar, 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 programme (Adal Padal Nigalchi) on the occasion of Palayapuliampatti Arulmigu Sree Muthu Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District on 24.03.2021 between 06.00 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 Palayapuliampatti Arulmigu Sree Muthu Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District shall be conducted on 24.03.2021 between 06.00 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 imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and

(i) Si