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Madras High CourtWP(MD)/11633/2019ordered

Sitrarasu v. The Superintendent Of Police,

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.11633 of 2019 Sitrarasu ... Petitioner Vs.

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

2. The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondent to grant permission and protection for cultural event, namely, Adal Padal, scheduled to be held on 11.05.2019 and 13.05.2019 at night 8.00 to 01.00 hours in connection with "Vaikasi Festival" in Arulmigu Sri Veerasakthi Vinayagar Temple at Veeraragavapuram Village, Peravoorani Taluk, Thanjavur District, by consider the petitioner's representation dated 26.04.2019.

For Petitioner : Mr.B.Anandan 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 to conduct cultural event, namely, Adal Padal, scheduled to be held on 11.05.2019 and 13.05.2019, in connection with "Vaikasi Festival" in Arulmigu Sri Veerasakthi Vinayagar Temple at Veeraragavapuram Village, Peravoorani Taluk, Thanjavur District, without causing any disturbance to public order.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate 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 Adal Padal programme on 11.05.2019 and 13.05.2019. In this regard, the petitioner gave a

representation to the respondents on 26.04.2019. 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. 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 Adal Padal programme on 11.05.2019 and 13.05.2019, and the Writ Petition is disposed of with the following directions:

The second respondent / Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District, is directed to consider the representation of the petitioner, dated 26.04.2019 and to give permission and to provide police protection for Adal Padal programme (Vaikasi Festival), in the festival of "Arulmigu Sri Veerasakthi Vinayagar Temple" at Veeraragavapuram Village, Peravoorani Taluk, Thanjavur District, scheduled to be held on 11.05.2019 and 13.05.2019, subject to the following conditions:- (a) Adal Padal done in " Arulmigu Sri Veerasakthi Vinayagar Temple" at Veeraragavapuram Village, Peravoorani Taluk, Thanjavur District, scheduled to be held on 11.05.2019 and 13.05.2019, 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 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/- Vacation Officer/ Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Ogy/Ns To

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

2. The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

3. The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

+1CC TO MR.B.ANANDAN, Advocate Sr. No.65579 Order made in W.P.(MD)No.11633 of 2019 NR(CO) TR (10.05.2019) 3P 5C