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Madras High CourtWP(MD)/10732/2019ordered

R. Thangakailasam v. The Superintendent Of Police

2019-04-29Honourable Mr Justice N. Seshasayee3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.10732 of 2019 R.Thangakailasam ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The District Superintendent of Police, Valliyur, Tirunelveli District.

3.The Sub-Inspector of Police, Pazhavur Police Station, Pazhavur, Tirunelveli District.

... Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to permit the petitioner to conduct Orchestra (Padal Katcheri) on 04.05.2019, 07.05.2019 and 12.05.2019 in the evening hours from 08.30 p.m., to 12.30 p.m., in view of Arulmigu Sri Perumal Swamy Thirukovil, Temple Chithirai Peruvizha (03.05.2019 to 13.05.2019) with police protection within the time stipulated by this Court. For Petitioner : Mr.S.Louis For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)

ORDER

This writ petition has been filed, directing the respondents to permit the petitioner to conduct Orchestra (Padal Katcheri) on 04.05.2019, 07.05.2019 and 12.05.2019 in the evening hours from 08.30 p.m., to 12.30 p.m., in view of Arulmigu Sri Perumal Swamy Thirukovil, Temple Chithirai Peruvizha (03.05.2019 to 13.05.2019) with police protection within the time stipulated by this Court.

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 Padal Katcheri on 04.05.2019, 07.05.2019 and 12.05.2019 in the evening hours from 08.30 p.m., to 12.30 p.m.,. In this regard, the petitioner gave a representation to the respondents on 22.04.2019. 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 Padal Katcheri on 04.05.2019, 07.05.2019 and 12.05.2019 up to 11.00 p.m., and the Writ Petition is disposed of with the following directions: The third respondent / Inspector of Police, Pazhavur Police Station, Pazhavur, Tiruelveli District, is directed to consider the representation of the petitioner, dated 22.04.2019 and to give permission and to provide police protection for "Padal Katcheri" program in Arulmigu Sri Perumal Swamy Thirukovil, scheduled to be held on 04.05.2019, 07.05.2019 and 12.05.2019, subject to the following conditions:- (a) programme I.e., Padal Katcheri, done in Arulmigu Sri Perumal Swamy Thirukovil, scheduled to be held on 04.05.2019, 07.05.2019 and 12.05.2019, 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) 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 (CO) // True Copy // Sub Assistant Registrar(CS) Myr To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The District Superintendent of Police, Valliyur, Tirunelveli District.

3.The Sub-Inspector of Police, Pazhavur Police Station, Pazhavur, Tirunelveli District.

+1CC TO MR.S.LOUIS, Advocate Sr. No. 63885 W.P.(MD)No.10732 of 2019 KG(CO) TR (03.05.2019) 3P 5C