Research › Search › Judgment

Madras High Court · body

2015 DIGILAW 196 (MAD)

C. Nagarajan v. Superintendent of Police, Tirunelveli

2015-01-13

B.RAJENDRAN

body2015
Judgment 1. Mr. R. Karthikeyan, learned Additional Government Pleader, takes notice for the respondents. By consent, the Writ Petition is taken up for disposal at the stage of admission itself. 2. The present Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to grant permission to the petitioner, to conduct the cultural events with various competitions, games and orchestra on 15.01.2015 & 16.01.2015. 3. Seeking permission to conduct cultural events on 15.01.2015 & 16.01.2015, the petitioner submitted an application on 09.01.2015 before the respondents. Since no action has been taken, the petitioner has come up with the present Writ Petition. 4. The learned counsel appearing for the petitioner would submit that the place where the function is to be held, is a Government Housing Colony, where all the Government Staff are there. Such function is being conducted for the past 14 years and there has been no untoward incidents reported sofar. 5. Mr. R. Karthikeyan, learned Additional Government Pleader appearing for the respondents would submit that in the event of this Court granting permission, the petitioner shall not permitted to perform “adal padal programe” during the orchestra events. Further, stringent conditions may be imposed for the smooth conduct of the event. He would further submit that the petitioner has to submit complete details, regarding the participants, method to be adopted and also provide medical facilities for the smooth conduct of the tournament. 6. The learned counsel appearing for the petitioner would submit that the petitioner would provide the necessary details as required by the respondent police. Further, he undertakes that there will not any adal padal during the orchestra events. 7. I have considered the above submissions. In view of the above, the present Writ Petition is disposed of directing the respondents to grant permission to conduct the cultural events with the following conditions:- * The cultural event is permitted to be held only on 15.01.2015 & 16.01.2015 between 08.00 A.M and 06.00 PM alone. * The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed. * The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquility under guise of conducting the Orchestra events. * The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed. * The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquility under guise of conducting the Orchestra events. * The petitioner shall ensure proper first-aid arrangements by keeping two doctors available in the venue well in advance during the time of event. * The participants of the events shall not wear any form of dress showing offending slogans or picture of any communal/political leader, which may cause disturbance. * Songs praising communal leader or having communal overtones should not be played at the venue. The songs to be played shall be given well in advance to the respondent police. If any song is objectionable, the respondent police is at liberty to stop such songs to be played in the Orchestra events. * The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed at the venue. * The petitioner should file an undertaking affidavit that they will not perform any dance in any form during the Orchestra. * The petitioner will donate a sum of Rs.5,000/- (Rupees Five Thousand only) to The Amar Seva Sangam, Aiykudi Village, Tenkasi Taluk, Tirunelveli District, and payment of proof shall be produced before the respondent police. * The petitioner has to apply for licence before the respondent police concerned for the conduct of the Orchestra events in question and in this regard, the petitioner / the Organizers has to approach the respondent police to submit necessary application, along with a copy of this order. If the application is already made, the respondent police concerned is directed to accord permission for the orderly conduct of the Orchestra events in question on or before 14.01.2015. * It is made clear that if the above conditions are not followed, it is open to the authorities concerned to take necessary action, including rejecting the request. * It is also made clear that in the event of any untoward incident, which may take place during the course of Orchestra events, it is open to the police authorities to apprehend such persons, who are responsible for such incident and act in accordance with law. There shall be no order as to costs.