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Madras High CourtWP(MD)/10574/2019disposed of

K. Madasamy v. The Superintendent Of Police

2019-04-27Honourable Mr Justice N. Seshasayee3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.10574 of 2019 K.Madasamy ... Petitioner /Vs./ 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Kadayanallur Police Station, Tirunelveli District.

... Respondents Prayer:

Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to grant permission to perform the program of "Innisai Katcheri" on 14.05.2019 night at about 08.00 p.m., to 12.00 a.m in connection with temple Festival at Arulmigu Muppidathi Amman Thirukkovil is situated at Kadayanallur, Tirunelveli District and to provide adequate police protection based on the petitioner's representation dated 25.04.2019.

For Petitioner : Mr.R.Karthic Rajan For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)

ORDER

This writ petition has been filed to direct the respondents to grant permission and to give adequate police protection to perform the program of "Innisai Katcheri" on 14.05.2019 at 08.00 p.m., to 12.00 a.m., in connection with temple Festival at Arulmigu Muppidathi Amman Thirukkovil is situated at Kadayanallur, Tirunelveli District and to provide adequate police protection based on the petitioner's representation dated 25.04.2019.

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 Innisai Katcheri on 14.05.2019 at night. In this regard, the petitioner gave a representation to the respondents on 25.04.2019. 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 Innisai Katcheri on 14.05.2019 upto 11.00 p.m., and the Writ Petition is disposed of with the following directions:

The second respondent / Inspector of Police, Kadayanallur Police Station, Tirunelveli District, is directed to consider the representation of the petitioner, dated 25.04.2019 and to give permission and to provide police protection for "Innisai Katcheri" program in the eve of temple Festival at Arulmigu Muppidathi Amman Thirukkovil, situated at Kadayanallur, Tirunelveli District, scheduled to be held on 14.05.2019, subject to the following conditions:- (a) programme I.e., Innisai Katcheri, done in the temple festival at Arulmigu Muppidathi Amman Thirukkovil, situated at Kadayanallur, Tirunelveli District, scheduled to be held on 14.05.2019 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) 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

(h) Similarly, the police is directed to stop the 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.

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 (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Kadayanallur Police Station, Tirunelveli District.

+1 CC to M/s.R.KARTHIC RAJAN, Advocate ( SR-63528[F] dated 27/04/2019 ) SJI/PJL Order made in W.P.(MD)No.10574 of 2019 27.04.2019 KM/(03.05.2019) 3P 5C