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2019 DIGILAW 1548 (MAD)

D. Rajkumar v. Inspector of Police, Oomerabad Police Station

2019-06-06

P.D.AUDIKESAVALU

body2019
JUDGMENT : Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or any other Writ or Direction in the nature of Writ directing the Respondent to consider and Grant permission to perform cultural programme to be performed on 07.06.2019 on account of Temple Festival of Arulmighu Sri Kailasagiri Gangaiamman Temple at Kailasagiri Colony, Oomerabad, Vellore District based on the petitioner's representation dated 27.05.2019. 1. The Writ Petition has been filed for a direction to the respondent to consider and grant permission to perform cultural programme to be performed on 07.06.2019 on account of Temple Festival of Arulmighu Sri Kailasagiri Gangaiamman Temple at Kailasagiri Colony, Oomerabad, Vellore District based on the representation of the Petitioner dated 27.05.2019. 2. Heard the Learned Counsel for the Petitioner as well as the Learned Additional Government Pleader on behalf of the Respondent. 3. When the Writ Petition was taken up today, the Learned Additional Government Pleader, on instructions, submitted that the police authorities do not have any specific objection for giving permission to conduct cultural programme, but subject to the conditions imposed by the Deputy General of Police in circular R.C. No. 159539/Crime-4(3)/2018 dated 31.10.2018 and which has been approved by this Court in the order dated 02.11.2018 in W.P. No. 28845 of 2018. 4. In view of the aforesaid submissions made, there shall be direction to the Respondent to immediately pass orders today on the representation dated 27.05.2019 made by the Petitioner on the aforesaid terms. It is made clear that the Petitioner shall also observe the following regulations for the smooth conduct of the proposed event:- (i) The cultural programme shall be conducted on 07.06.2019 in the place approved by the Police Authorities within the specified time limit (ii) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (iii) Double meaning songs should not be played as they will spoil the minds of students and youths. (iv) No dance or songs, touching upon any political party or religion or community or caste shall be played. (v) No flex boards in support of any political party or communal leader or otherwise, shall be erected at the premises of the programme. (vi) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. (v) No flex boards in support of any political party or communal leader or otherwise, shall be erected at the premises of the programme. (vi) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. (vii) 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 (viii) Similarly, the police is directed to stop the programme, if it is conducted beyond the permitted time limit. (ix) The territorial/jurisdictional Police Officer is directed to videograph the entire cultural programme at the cost of the petitioner and he shall take immediate legal action in accordance with law, if he finds any violation upon perusal of the said video C.D. (x) At the time of submitting his application, the Petitioner is bound to pay the required amount to the concerned authority upon proper receipt for the purpose of taking videography of the programme. (xi) At the time of receiving permission, the Petitioner shall execute an undertaking to abide by the conditions without fail. 5. Accordingly, the Writ Petition is disposed of on the aforesaid terms. No costs.