Selvam, S/O.Chinnu, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2019
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.10985 of 2019 Selvam ... Petitioner Vs.
1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Natham 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 protection for cultural event namely, Kalainigalchi scheduled to be held on 01.05.2019 at night 07.00 p.m., to 11.00 p.m., in connection with "Chithirai Festival" in Arulmigu Sri Manthaiamman Temple at Aavitchipatti Village, Natham Taluk, Dindigul District based on the petitioner's representation dated 08.04.2019.
For Petitioner : Mr.M.Ramu For Respondents : Mrs.S.Bharathi, Government Advocate (Crl.Side).
ORDER
This writ petition has been filed to direct the respondents to grant permission and protection for cultural event namely, Kalainigalchi scheduled to be held on 01.05.2019 at night 07.00 p.m., to 11.00 p.m., in connection with "Chithirai Festival" in Arulmigu Sri Manthaiamman Temple at Aavitchipatti Village, Natham Taluk, Dindigul District based on the petitioner's representation dated 08.04.2019.
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 "Kalai Nigalchi" on 01.05.2019. In this regard, the petitioner gave a representation to the respondents on 08.04.2019. 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 "Kalai Nigalchi" programme on 01.05.2019 between 06.00 p.m., and 10.00 p.m., and the Writ Petition is disposed of with the following directions: The second respondent / Inspector of Police, Natham Police Station, Dindigul District, is directed to consider the representation of the petitioner, dated 08.04.2019 and to give permission and to provide police protection for "Kalai Nigalchi", of "Chithirai Festival" in Arulmigu Sri Manthaiamman Temple at Aavitchipatti Village, Natham Taluk, Dindigul District scheduled to be held on 01.05.2019, subject to the following conditions:- (a) "Kalai Nigalchi" done in Arulmigu Sri Manthaiamman Temple at Aavitchipatti Village, Natham Taluk, Dindigul District, scheduled to be held on 01.05.2019, should be completed before 10.00 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 dance 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) Myr To 1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Natham Police Station, Dindigul District.
+1CC TO MR.M.RAMU, Advocate Sr. No. 63906 Order made in W.P.(MD)No.10985 of 2019 SP (30.04.2019) 3P 4C