Arunkumar, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2019
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.10234 of 2019 Arunkumar ... Petitioner Vs.
1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Thandikudi Police Station, Dindigul District.
...
Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to grant permission and necessary police protection to perform Bharathanatiyam Adal Padal, Ammam and other devotee dance Gramiya Nadanam i.e. Palsuvai Cultural programme on 27.04.2019 at 07.00 p.m. to 11.00 p.m. in the festival of Arulmighu Sri Ramar Thirukovil at Aladipatti, Pannakadu Village, Kodaikanal Taluk, Dindigul District. For Petitioner : Mr.V.Manikandan For Respondents : Mrs.S.Bharathi Government Advocate
ORDER
This writ petition has been filed to direct the respondents to grant permission and necessary police protection to perform Bharathanatiyam Adal Padal, Ammam and other devotee dance Gramiya Nadanam i.e. Palsuvai Cultural programme on 27.04.2019 at 07.00 p.m. to 11.00 p.m. in the festival of Arulmighu Sri Ramar Thirukovil at Aladipatti, Pannakadu Village, Kodaikanal Taluk, Dindigul District. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) 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 Bharathanatiyam Adal Padal, Ammam and other devotee dance Gramiya Nadanam and other dance ie. Palsuvai Cultural programme on 27.04.2019 at 07.00 p.m. to 11.00 p.m. 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.The learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, would submit that the respondents have no serious objection. He further submitted that permission may be granted subject to stringent conditions.
5.Considering the facts and circumstances of the case, this Court grants permission to conduct Bharathanatiyam on 27.04.2019 in Arulmighu Sri Ramar Thirukovil at Aladipatti, Pannakadu Village, Kodaikanal Taluk, Dindigul District and the Writ Petition is disposed of with the following directions:
The second respondent / Inspector of Police, Thandikudi Police Station, Dindigul District, is directed to consider the representation of the petitioner dated 16.04.2019 and to give permission and to provide police protection for Bharathanatiyam in the festival of Arulmighu Sri Ramar Thirukovil at Aladipatti, Pannakadu Village, Kodaikanal Taluk, Dindigul District, scheduled to be held on 27.04.2019, subject to the following conditions:- (a) programme i.e., Bharathanatiyam, done in Arulmighu Sri Ramar Thirukovil at Aladipatti, Pannakadu Village, Kodaikanal Taluk, Dindigul District, scheduled to be held on 27.04.2019, should be completed before 11.00 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) 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) No donation shall be received from any political party or in the name of any Member associated with any political party.
(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; and (i) Similarly, the police is directed to stop the programme, if it is conducted beyond the permitted time limit.
(j) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions.
6.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.
Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Thandikudi Police Station, Dindigul District.
+1 CC to M/s.V.MANIKANDAN, Advocate ( SR-63144[F] dated 26/04/2019 ) Order made in W.P.(MD)No.10234 of 2019 SP/26.04.2019/ 3P/4C