Madras High CourtWP(MD)/6951/2019disposed of

P.L.Mariyatha Jeyam v. The Superintendent Of Police

2019-03-25Honourable Mr Justice N. Seshasayee4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2019

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.6951 of 2019 P.L.Mariyatha Jeyam ... Petitioner Vs.

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

2.The Inspector of Police, Ponnamravathi Police Station, Pudukottai District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the second respondent to give permission to the petitioner for conducting "Sri Valli Thirumanam Drama" and "Sathiya Arichandra Drama" at the evening hours on 26.03.2019, 27.03.2019 and 29.03.2019 in the light of "A/M.Muthumariamman Thirukovil Festival" situated at Melasivapuram, Pudukottai District and consequently give adequate police protection to the festival.

For Petitioner : Mr.Palaramasamy For Respondents : Mrs.S.Bharathi Government Advocate

ORDER

This writ petition has been filed to direct the second respondent to give permission to the petitioner for conducting "Sri Valli Thirumanam Drama" and "Sathiya Arichandra Drama" at the evening hours on 26.03.2019, 27.03.2019 and 29.03.2019 in the light of "A/M.Muthumariamman Thirukovil Festival" situated at Melasivapuram, Pudukottai District and consequently give adequate police protection to the festival.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondents.

3. The learned counsel appearing 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 "Sri Valli Thirumanam Drama" and "Sathiya Arichandra Drama" at the evening hours on 26.03.2019, 27.03.2019 and 29.03.2019 in the light of "A/M.Muthumariamman

Thirukovil Festival" situated at Melasivapuram, Pudukottai District. In this regard, the petitioner gave a representation to the respondents on 22.03.2019. 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 the "Sri Valli Thirumanam Drama" and "Sathiya Arichandra Drama" scheduled to be held on 26.03.2019, 27.03.2019 and 29.03.2019, in A/M.Muthumariamman Thirukovil Festival" situated at Melasivapuram, Pudukottai District, and the Writ Petition is disposed of with the following directions: The second respondent / Inspector of Police, Ponamaravathi Police Station, Pudukottai District, is directed to consider the representation of the petitioner dated 22.03.2019 and to give permission and to provide police protection for the "Sri Valli Thirumanam Drama" and "Sathiya Arichandra Drama" scheduled to be held on 26.03.2019, 27.03.2019 and 29.03.2019 before 11.30 p.m., in A/M.Muthumariamman Thirukovil Festival" situated at Melasivapuram, Pudukottai District, subject to the following conditions:- (a) programme I.e., Sri Valli Thirumanam Drama" and "Sathiya Arichandra Drama"

in A/M.Muthumariamman Thirukovil Festival"

situated at Melasivapuram, Pudukottai District, scheduled to be held on 26.03.2019, 27.03.2019 and 29.03.2019, should be completed before 11.30 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 donation shall be received from any political party or in the name of any Member associated with any political party. (g) No price shall be given in the name of any political party or in the name of any Member associated with any political party. (h) No speeches supporting or opposing any political party

shall be made. No symbol of any political party or picture of any person affiliated in the political party shall be used. (i) The function will be conducted in the spirit of function and there will not be a bogey for political parties for the general election, 2019.

(j) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(k) 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 (l) Similarly, the police is directed to stop the programme, if it is conducted beyond the permitted time limit. (m) 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 /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Ponnamravathi Police Station, Pudukottai District.

+1cc to Mr.Palaramasamy, Advocate, SR.No.56448 W.P.(MD)No.6951 of 2019 SP/26.03.2019/3P/4C

25.03.2019