R.S.Senguttuvan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.5.2023
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP R.S.Senguttuvan ... Petitioner /vs./ 1.The Superintendent of Police Perambalur District, Perambalur.
2.The Inspector of Police Arumbavur Police Station Perambalur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 27.5.2023 at 08.00PM to 11.00PM in connection with Thiru Vizha of Arulmigu Sri Muthumariamman Thirukovil, Poolambadi Perur,Veppanthattai Taluk, Perambalur Distirct.
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For Petitioner : Mr.R.Karthic Rajan For Respondents : Mr.V.J.Priyadarsana, Government Advocate(Crl.Side)
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 27.5.2023 at 08.00PM to 11.00PM in connection with Thiru Vizha of Arulmigu Sri Muthumariamman Thirukovil, Poolambadi Perur,Veppanthattai Taluk, Perambalur Distirct. In this regard, the petitioner gave a representation to the respondents and it was received by them on 12.5.2023.
2.The learned Government Advocate (Crl.Side) takes notice for the Respondents. By consent, the Writ Petition itself is taken up for final disposal. 3.Heard the learned Counsel for the Petitioner and the learned Government Advocate (Crl.Side) appearing for the Respondents. 2/6
4.The learned Counsel appearing for the Petitioner would submit that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration. He would also submit that the Petitioner is the Member of the festival committee. 5.The learned Government Advocate (Crl.Side) appearing for the Respondents, on instructions, would submit that the permission sought for by the Petitioner may be granted with appropriate and stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme. He would also submit that no previous case is pending against the Petitioner.
6.In view of the submission made by the learned Government Advocate (Crl.Side), the Writ Petition is disposed of, with a direction to the respondent concerned to accord permission and police protection to conduct the cultural programme in connection with the above said festival of the said temple on above said date, between 6.00 p.m., and 11.00 p.m., by incorporating the following 3/6
conditions:
a) Obscene dance/songs/vulgar dialogues should be avoided during the programme and the performers must be decently clothed; b) Songs conveying obscene double meaning should not be played in order to avoid awkwardness;
c) No dance or song, touching upon the conduct of any political party or community or caste be played;
d) No flex boards in support of any political party or religious leader be erected;
e) The programme shall be conducted without showing any discrimination based on caste/community etc., and it shall be ensured that it is towards promoting communal harmony;
f) The Participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme; g) In respect of untoward incident occurring, the organizers of the programme be responsible for the same;
h) The Organizers shall have the names and other particulars of performers; 4/6
i) If there is any violation of any of the conditions imposed, the Station House Officer of the Police Station concerned is at liberty to take necessary action, as per law and stop such performance; and j) The said cultural programme should be conducted by following the directions given in the circular issued by the Director General of Police, Tamil Nadu.
h) The web copy can be utilized for the purpose of execution of the Order. No costs.
25.5.2023 Index : Yes / No Internet : Yes / No Office to Note : Issue today TO:
1.The Superintendent of Police Perambalur District, Perambalur.
2.The Inspector of Police Arumbavur Police Station Perambalur District.
3.The Public Prosecutor, High Court, Madras.
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SATHI KUMAR SUKUMARA KURUP , J.
jas 25.5.2023 6/6