D. Balakrishnan v. Inspector of Police, Palacode Police Station
2017-08-23
M.S.RAMESH
body2017
DigiLaw.ai
ORDER : Heard Mr. R. Ramesh Raja, learned counsel for the petitioner as well as Mr. C. Manishankhar, learned Additional Advocate General appearing on behalf of the respondents. 2. In an identical situation this Court had passed a detailed order in W.P.Nos.22241 & 22242 of 2017, for consideration of the petitioners' applications seeking permission for installation of Vinayagar Idols. The conditions imposed therein are as hereunder; i. The petitioner shall obtain No Objection from the corporation/local bodies of the places where the petitioner seeks to install the Vinayagar Idol. ii. The idols proposed to be installed should be made of pure clay without coating of toxic paints as stipulated by TNPCB. iii. The height of the idol including the base/dais should not exceed 10 feet. iv. The idols should not be installed close to other religious places such as mosques, churches, etc., v. The idols should not be installed at the traffic congested/thickly populated areas/near the hospitals/at the places objected by the public. vi. Fire preventive measures should be arranged at the place of idol installation. vii. Sound amplifier license conditions should be strictly adhered and no sound amplifier shall be used in the moving vehicles carrying idols. viii. Bursting of crackers at the place of installation which will cause noise pollution should be avoided. ix. The idol immersion procession should be taken out with police permission at the route and time specified by the police and the idols should be immersed at the notified immersion points, adhering to the conditions. x. The organisers should strictly follow any other conditions laid down by the jurisdictional police officers in the interest of maintaining public peace, public safety and communal harmony. xi. Music programmes or other cultural programmes shall be conducted subject to the following conditions; (a) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (b) Double meaning songs should not be played so as to spoil the minds of students and youths. (c) No dance or songs, touching upon any political party or religion or community or caste shall be played. (d) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (e) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(d) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (e) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. (f) 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 (g) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. 3. Since the festival falls on 25.08.2017, the learned counsel for the petitioner apprehends that the approval from the local bodies might be time consuming. Considering the same, the concerned Inspector of Police shall grant in-principal approval for the installation, subject to the aforesaid observations made and without waiting for the No Objection Certificate from the Collector /local body, the petitioner shall endeavour to get approval of the local bodies atleast before 28.08.2017. The concerned local body is also directed to consider the petitioner's representation on the same day and pass appropriate orders. 4. Since, permission for installation falls within the limits of various local bodies, the petitioner is granted liberty to approach the District Collector, Dharmapuri seeking permission and the District Collector, Dharmapuri shall consider his request on the same day. 5. The District Collector, Dharmapuri is suo-motto impleaded as a party respondent. 6. With these observations, this Writ Petition stands disposed of. No costs.