Mookaiah, S/O.Palanisamy v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.8419 of 2019 Mookaiah ... Petitioner Vs.
1.The Superintendent of Police, Virudhunagar District.
2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.
3.The Sub-Inspector of Police, Maraneri Police Station, R Sivakasi, Virudhunagar District.
... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 29.03.2019 and grant permission for conduct ''Adal Padal'' on 11.04.2019 at in Arulmigu Kali Amman Kovil, at Kalliammankovil Street, Sannasipatti, Vilampatti Post, Sivakasi West, Virudhunagar District. For Petitioner : Mr.K.Selvam For Respondents : Mrs.S.Bharathi Government Advocate (Crl.side)
ORDER
This writ petition has been filed to direct the respondents to consider the representation of the petitioner dated 29.03.2019 and grant permission for conduct ''Adal Padal'' on 11.04.2019 in Arulmigu Kali Amman Kovil, at Kalliammankovil Street, Sannasipatti, Vilampatti Post, Sivakasi West, Virudhunagar District.
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 the ''Adal Padal'' on 11.04.2019. In this regard, the petitioner gave a representation to the respondents on 29.03.2019. 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 ''Adal Padal'' on 11.04.2019 in Arulmigu Kali Amman Kovil, at Kalliammankovil Street, Sannasipatti, Vilampatti Post, Sivakasi West, Virudhunagar District and the Writ Petition is disposed of with the following directions: The third respondent / Sub Inspector of Police, Maraneri Police Station, Virudhunagar District, is directed to consider the representation of the petitioner dated 29.03.2019 and to give permission and to provide police protection for ''Adal Padal'' in the festival of Arulmigu Kali Amman Kovil, at Kalliammankovil Street, Sannasipatti, Vilampatti Post, Sivakasi West, Virudhunagar District, scheduled to be held on 11.04.2019, subject to the following conditions:- (a) programme i.e., 'Adal Padal'', done in Arulmigu Kali Amman Kovil, at Kalliammankovil Street, Sannasipatti, Vilampatti Post, Sivakasi West, Virudhunagar District,, scheduled to be held on 11.04.2019, 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 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(CS) vsd/dss To 1.The Superintendent of Police, Virudhunagar District.
2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.
3.The Sub-Inspector of Police, Maraneri Police Station, R Sivakasi, Virudhunagar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO MR.K.SELVAM, Advocate Sr. No. 59967 Order made in W.P.(MD)No.8419 of 2019 08.04.2019 TR (11.04.2019) 3P 6C