K. Chinnathampi v. Superintendent of Police, Dindigul
2019-04-23
N.SESHASAYEE
body2019
DigiLaw.ai
JUDGMENT : 1. This petition has been filed seeking a direction to the respondent to permit the petitioner to conduct the cultural function viz. Gramiya Kalainigalchi during the temple festival of 'Arulmighu Kottaikaliamman Kovil Temple' 8th Ward, Kottaikaliamman Kovil Street, Palasamuthiram, Palani Taluk, Dindigul District on 24.04.2019 between 7.00 p.m to 12.00 p.m and further direct the respondent to give adequate police protection for the above said programme. 2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.sid) appearing for the respondents. 3. The learned counsel for the petitioner would submit that the Villagers have conducted the temple festival every year peacefully. As per the tradition and customs, this year also the Villagers have planned to conduct Gramiya Kalai Nigalchi on 24.04.2019 during the temple festival of 'Arulmighu Kottaikaliamman Kovil Temple' 8th Ward, Kottaikaliamman Kovil Street, Palasamuthiram, Palani Taluk, Dindigul District. In this regard, the petitioner gave a representation to the respondents on 16.04.2019. Since no action has been taken, the present writ petition has been filed. 4. Since the petitioner has not specifically mentioned specific traditional/folk art forms of Tamilnadu to the second respondent in the representation, the petitioner is directed to give a fresh representation mentioning specific traditional/folk art forms of Tamilnadu. 5. The learned Government Advocate(Crl.side) would submit that in case of granting permission stringent conditions may be imposed and the programme may directed to be completed before 10.00 p.m. 6. Accordingly, the Writ Petition is disposed of with the following directions: The second respondent/The Inspector of Police, Palani Taluk Police Station, Neaikaranpatti,Dindigul District, is directed to consider the representation to be given by the petitioner and pass orders on the same on or before 24.04.2019 and to give permission and to provide police protection for conducting Innisai Kalai Nigalchi on 24.04.2019 during the temple festival of 'Arulmighu Kottaikaliamman Kovil Temple' 8th Ward, Kottaikaliamman Kovil Street, Palasamuthiram, Palani Taluk, Dindigul District. subject to the following conditions:- (a). Innisai Kalai Nigalchi done i during the temple festival of 'Arulmighu Kottaikaliamman Kovil Temple' 8th Ward, Kottaikaliamman Kovil Street, Palasamuthiram, Palani Taluk, Dindigul District on 24.04.2019 should be completed before 10.00 p.m. (b). There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (c). Double meaning songs should not be played as they will spoil the minds of students and youths. (d).
There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (c). Double meaning songs should not be played as they will spoil the minds of students and youths. (d). No dance or songs, touching upon any political party or religion or community or caste shall be played. (e). No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (f). The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. (g). 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 N. SESHASAYEE. J., CM (h). Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit. (i). The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions. 7. It is open to the second respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Board representing any community. No costs.