K Chithiraipandiyan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.[MD]No.11005 of 2019 K.Chithiraipandiyan : Petitioner Vs.

1.The Superintendent of Police, O/o the Superintendent of Police, 2.The Inspector of Police, Taluk Police Station, Palayamkottai, : Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents herein to look into the grievance given by the petitioners expressed in the representation dated 23.04.2019 and thereby accord permission to conduct the ''Reckla Race and horse cart Race"by him in the eve of Pothysamy Sudalai Madasamy Temple Festival and to provide adequate police protection on 04.05.2019 at 06.30 a.m., to till 09.00 a.m., at Naduvakurichi Perumal Temple to Kansapuram bend that is 7 kilometers.

For Petitioner : Mr.M.Bhuvaneskumar For Respondents : Mrs.S.Bharathi Government Advocate

ORDER

This writ petition has been filed to direct the respondents to give adequate police protection to the petitioner to conduct Reckla Race and horse cart Race on 04.05.2019 in accordance with law.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. The petitioner has made a representation dated 23.04.2019 to the respondents, seeking permission to conduct Reckla Race and Horse Cart Race and since no order has been passed, the petitioner has filed this Writ Petition.

4. The learned Government Advocate, on instructions, would submit that the respondents have no serious objection. She further submitted that permission may be granted subject to stringent conditions.

5. Considering the facts and circumstances of the case, the petitioner is directed to give a written undertaking to the respondent police that the petitioner will cooperate with the respondent police and the respondent police is directed to consider the representation of the petitioner, dated 23.04.2019 and give permission to the petitioner to conduct Reckla Race and Horse Cart Race incorporating the following conditions:- "(a)the participants are directed not to harass the animals.

(b)there should not be any kind of obscene dance or vulgar dialogues during the performance, by any one of the participants;

(c)double meaning songs should not be played so as to spoil the minds of students and the youth;

(d)no dance or songs, touching upon any political party or religion, community or caste be played; (e)no flex boards in support of any political party or religious leader be erected;

(f)the function should not be affect either religious or communal harmony and shall be conducted without any discrimination based on caste;

(g)If there is any 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.

(h)the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme; and (i) if any untoward incident takes place, the organizers of the programme be made responsible for the same."

6.The second respondent/the Inspector of Police, Palayakottai Taluk Police Station, Tirunelveli District is directed to take all steps to ensure that the programme is conducted in a peaceful manner by imposing suitable conditions taking into consideration the ground situation and reality. The parties shall abide by the conditions imposed.

7.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) / True Copy / Sub Assistant Registrar(CS) To 1.The Superintendent of Police, O/o the Superintendent of Police,

2.The Inspector of Police, Taluk Police Station, Palayamkottai, +1 CC to M/s.M.BHUVANESH KUMAR, Advocate ( SR-64117[F] dated 30/04/2019 ) W.P.(MD)No.11005 of 2019 30.04.2019 ES/03.05.2019/3P/4C