M.Ramu, S/O.Muniappan v. The Commisioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2019

CORAM

THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.P.(MD)No. 11846 of 2019 M.Ramu ... Petitioner Vs.

1.The Commissioner of Police, Trichy city, Trichy.

2.The Inspector of Police, Srirangam Police Station, Trichy.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents to grant permission and protection to conduct the Vijay TV Pugal C. Illyaraja's "Ilaya Kanam" "Gramiya Palsuvai Programme"on 20.05.2019 at 7.00 pm to 12.00 pm in the eve of Arulmigu Sri Sivasakthi Mariamman Thirukoil at Ponnurangapuram, Srirangam Taluk, Trichy. For Petitioner : Mr.R. Karthic Rajan 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 the Vijay TV Pugal C. Illyaraja's "Ilaya Kanam" "Gramiya Palsuvai Programme"on 20.05.2019 at 7.00 pm to 12.00 pm in the eve of Arulmigu Sri Sivasakthi Mariamman Thirukoil at Ponnurangapuram, Srirangam Taluk, Trichy.

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 Vijay TV Pugal C. Illyaraja's "Ilaya Kanam" "Gramiya Palsuvai Programme" on 20.05.2019 at 7.00 P.M. to 12.00 P.M. In this regard, the petitioner gave a representation to the respondents on 06.05.2019. 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 Vijay TV Pugal C. Illyaraja's "Ilaya Kanam" "Gramiya Palsuvai Programme" programme on 20.05.2019 at 06.00 p.m and the Writ Petition is disposed of with the following directions:

The second respondent / The Inspector of Police, Srirangam Police Station, Trichy District, is directed to consider the representation of the petitioner, dated 06.05.2019 and to give permission and to provide police protection for Aadal Padal programme, in the festival of "Arulmigu Sri Sivasakthi Mariamman Thirukoil at Ponnurangapuram, Srirangam Taluk, Trichy" scheduled to be held on 20.05.2019, subject to the following conditions:- (a) Aadal Padal done in " Arulmigu Sri Sivasakthi Mariamman Thirukoil at Ponnurangapuram, Srirangam Taluk, Trichy" scheduled to be held on 20.05.2019, 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) 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/- Assistant Registrar(V.O) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Commissioner of Police, Trichy city, Trichy.

2.The Inspector of Police, Srirangam Police Station, Trichy.

3.The Aditional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.KARTHIC RAJAN, Advocate ( SR-65474[F] dated 09/05/2019 ) W.P.(MD)No. 11846 of 2019 CS: 14/05/2019/3P/5C