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Madras High CourtWP(MD)/11564/2019ordered

Saravanakumar v. The Assistant Election Officer

2019-05-08Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2019

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI W.P.(MD)No.11564 of 2019 Saravanakumar ... Petitioner Vs.

1.The Assistant Election Officer / Tashildar, O/o. Assistant Election Office, Rajapalayam, Virudhunagar District.

2.The Deputy Superintendent of Police, Rajapalayam Division, Virudhunagar District.

3.The Inspector of Police, Keelarajakularaman Police Station, Rajapalayam Taluk, Virudhunagar District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the 3rd respondent to grant permission and protection to perform Adal Padal Programme at 09.05.2019 in the festival event of ''Arulmigu Ammachiyaramman Temple'' situated at South Street, Ammankovilpatti, Rajapalayam Taluk, Virudhunagar District, pursuant to the representation dated 03.05.2019.

For Petitioner : Mr.A.Balaji For Respondents : Mrs.S.Bharathi Government Advocate (Crl.side) *****

ORDER

This writ petition has been filed to direct the 3rd respondent to grant permission and protection to perform Adal Padal Programme at 09.05.2019 in the festival event of ''Arulmigu Ammachiyaramman Temple'' situated at South Street, Ammankovilpatti, Rajapalayam Taluk, Virudhunagar, pursuant to the representation dated 03.05.2019.

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 Aaadal Paadal Programme on 09.05.2019. In this regard, the petitioner gave a representation to the respondents on 03.05.2019. 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. She 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 Aaadal Paadal Programme on 09.05.2019 between 07.00 p.m., and 11.00 p.m., and the Writ Petition is disposed of with the following directions: The third respondent / Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District, is directed to consider the representation of the petitioner, dated 03.05.2019 and to give permission and to provide police protection for Aaadal Paadal Programme, in the festival of ''Arulmigu Ammachiyaramman Temple'', at South Street, Ammankovilpatti, Rajapalayam Taluk, Virudhunagar District, scheduled to be held on 09.05.2019, subject to the following conditions:- (a) Aaadal Paadal Programme done in ''Arulmigu Ammachiyaramman Temple'', at South Street, Ammankovilpatti, Rajapalayam Taluk, Virudhunagar District,, scheduled to be held on 09.05.2019, 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 price shall be given in the name of 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 dance 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 third 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(V.O) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Assistant Election Officer / Tashildar, O/o. Assistant Election Office, Rajapalayam, Virudhunagar District.

2.The Deputy Superintendent of Police, Rajapalayam Division, Virudhunagar District.

3.The Inspector of Police, Keelarajakularaman Police Station, Rajapalayam Taluk, Virudhunagar District.

1 CC to M/s.A.BALAJI, Advocate ( SR-65306[F] dated 08/05/2019 ) Order made in W.P.(MD)No.11564 of 2019 CS(KM):09/05/2019/3P/6C