R.Selvaraja, S/O.Rajendran, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.8164 of 2019 R.Selvaraja ... Petitioner /Vs./ 1.The Superintendent of Police, Dindigul District. 2.The Deputy Superintendent of Police, Nilakottai, Dindigul District.

3.The Inspector of Police, Viruveedu Police Station, Dindigul District. ... Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to grant permission for conducting BAKTHI NADAGAM and INNISAI NIKAZCHI scheduled on 11.04.2019 and 12.04.2019 in pursuance to Arulmigu Ayyanar, Arulmigu Kaliamman and Arulmigu Oorkavalan Temple annual Festival and consequently to provide adequate protection on the basis of the representation dated 01.04.2019. For Petitioner : Mr.C.Senthil Murugan For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)

ORDER

This writ petition has been filed to direct the respondents to grant permission for conducting BAKTHI NADAGAM and INNISAI NIKAZCHI scheduled on 11.04.2019 and 12.04.2019 in pursuance to Arulmigu Ayyanar, Arulmigu Kaliamman and Arulmigu Oorkavalan Temple annual Festival and consequently to provide adequate protection on the basis of the representation dated 01.04.2019.

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 BAKTHI NADAGAM and INNISAI NIKAZCHI on 11.04.2019 and 12.04.2019.

In this regard, the petitioner gave a representation to the respondents on 01.04.2019. 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. 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 BAKTHI NADAGAM and INNISAI NIKAZCHI on 11.04.2019 and 12.04.2019 up to 11.30 p.m., and the Writ Petition is disposed of with the following directions: The third respondent / Inspector of Police, Viruveedu Police Station, Dindigul District, is directed to consider the representation of the petitioner, dated 01.04.2019 and to give permission and to provide police protection for "BAKTHI NADAGAM and INNISAI NIKAZCHI" program in the eve of Arulmigu Ayyanar, Arulmigu Kaliamman and Arulmigu Oorkavalan Temple festival, scheduled to be held on 11.04.2019 and 12.04.2019, subject to the following conditions:- (a) programme i.e.

, "BAKTHI NADAGAM and INNISAI NIKAZCHI", done in the eve of Arulmigu Ayyanar, Arulmigu Kaliamman and Arulmigu Oorkavalan Temple festival, scheduled to be held on 11.04.2019 and 12.04.2019, 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 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(CS-I) /True Copy/ Sub Assistant Registrar(CS-) To 1.The Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, Nilakottai, Dindigul District.

3.The Inspector of Police, Viruveedu Police Station, Dindigul District.

+1cc to Mr.C.Senthil Murugan,Advocate, SR.No.59867. W.P.(MD)No.8164 of 2019 SP/10.04.2019/3P/5C