K. Balamurugan v. Superintendent of Police, Dindigul
2015-01-13
B.RAJENDRAN
body2015
DigiLaw.ai
JUDGMENT B. RAJENDRAN, J. 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 "Pongal Thiruvizha" scheduled to be held on 15.01.2015 and 16.01.2015 at Sri Balavinayagar Kovil Thidal Tamil Nadu Housing Board Thiruvalluvar Nagar Pazhani Dindigul District in the light of the Petitioner's representation dated 09.01.2015. 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 function is being conducted from time immemorial 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 "Kiramiya Kalai Nagalzhi" during the "Pongal Thiruvizha." 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 "Kiramiya Kalai Nagalzhi" during the orchestra events. 7. I have considered the above submissions. 8. In view of the above, the present Writ Petition is disposed of directing the respondents police concerned to grant permission to conduct the festival with the following conditions:- (1) 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. (2) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed.
(2) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed. (3) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquility under guise of conducting the "Pongal Thiruvizha." (4) The petitioner shall ensure proper first-aid arrangements by keeping two doctors available in the venue well in advance during the time of event. (5) The participants in the function shall not wear any form of dress showing offending slogans or picture of any communal/political leader, which may cause disturbance. (6) Songs praising communal leader or having communal overtones should not be played at the venue. (7) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed at the venue. (8) The petitioner will file an affidavit of undertaking before the respondent police that they will not conduct "Tamil" in the evening as per the printed invitation. (9) The list of names of participants, method to be adopted, as undertaken by the learned counsel appearing for the petitioner will be furnished on or before14.01.2015 prior to the event and a written undertaking will be given to the respondent Police concerned for the smooth functioning of the tournament. (10) The petitioner has to apply for licence before the respondent police concerned for the conduct of the "Pongal Thiruvizha" 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 "Pongal Thiruvizha" in question on or before 14.01.2015. (11) 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. (12) It is also made clear that in the event of any untoward incident, which may take place during the conduct of the 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.