The Madras High Court observed that the petitioner had already made representation to the respondent and respondent had also agreed to some extent, so the petitioner was at liberty to conduct the programme subjected to certain stringent condition.
“This Court directs the respondent to grant permission to the petitioner to conduct cultural programme (Adal Padal Nigalchi) on the occasion of Narsampatti Village Arulmigu Sree Poongavanathamman Temple Festival at Tirupattur Taluk & District on 11.03.2021 between 06.00 p.m and 10.00 p.m. subject to the fulfilment of the following conditions by the petitioner.”
The above observation was made by the Single-judge bench of Madras High Court, comprising of the Justice Abdul Quddhose while dealing with the Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondent authority to give permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Narsampatti Village Arulmigu Sree Poongavanathamman Temple Festival at Tirupattur Taluk & District.
Factual Background
The Petitoner was the head of the committee, who wants to conduct cultural programme (Adal Padal Nigalchi) on the occasion of Narsampatti Village Arulmigu Sree Poongavanathamman Temple Festival at Tirupattur Taluk & District on 11.03.2021 between 6.00 p.m. to 11.00 p.m. He made representation before the Respondent for getting permission from them. The Respondent delayed the application. Therefore this petition was filed before this Court.
Court Reasoning & Judgment
The Court ordered the respondent to grant permission to the Petitioner for organizing Cultural Programme and also instructed the petitioner to follow certain conditions which were as follows:
"(a) The cultural programme in connection with the event of festival of Narsampatti Village Arulmigu Sree Poongavanathamman Temple Festival at Tirupattur Taluk & District shall be conducted on 11.03.2021 between 06.00 p.m and 10.00 p.m.;
(b)The petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) as charges, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further;
(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants;
(d) Double meaning songs should not be played so as to spoil the minds of students and youths;
(e) No dance or songs, touching upon any political party or religion or community or caste shall be played;
(f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme;
(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(h) 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;
(i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit;
(j) The respondent is directed to issue necessary permission, incorporating the above conditions;
(k) The petitioner will have to produce the original Aadhar Card with the respondent for verification and the same shall be returned by the respondent to the petitioner after verifying the authenticity of the petitioner; and
(l) Covid-19 Protocol should be followed."
The Bench disposed the petition and no cost was imposed on it.
Case Details
Case: W.P. No.5465 of 2021
Petitioner: G.Tirupathi
Respondent: The Inspector of Police, Kandili Police Station, Kandili, Tirupattur District.
Quorum: Justice Abdul Quddhose
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