Santhi Chandrasekaran, v. The Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.10464 of 2015 Santhi Chandrasekaran ... Petitioner Vs

1. The Superintendent of Police, Trichy District.

2. The Inspector of Police, Kallakudi Police Station, Trichy District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to grant permission and give necessary police protection for conducting Musical Orchestra 28.06.2015, for the completion for festival of Sri Arulmighu Sri Kaliamman Kovil temple situated at Mangudi Village, Nathamangudi Post, Lalgudi Taluk, Trichy District.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.S.Murugan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondents herein to grant permission and give necessary police protection for conducting Musical Orchestra 28.06.2015, for the completion for festival of Sri Arulmighu Sri Kaliamman Kovil temple situated at Mangudi Village, Nathamangudi Post, Lalgudi Taluk, Trichy District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. Learned counsel for the petitioner would submit that the petitioner is the President of festival committee of Sri Arulmighu Sri Kaliamman Kovil temple situated at Mangudi Village, Nathamangudi Post, Lalgudi Taluk, Trichy District and every year temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple

festival, with "Musical Orchestra Programme" on 28.06.2015. In this connection, a representation was given on 15.06.2015 to the second respondent, with a request to grant permission to conduct "Musical Orchestra Programme" on 28.06.2015 however no order was passed by the respondents on the said representation and hence the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner further submitted that as the temple festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.

4. Mr.S.Murugan, learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme.

5. Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents, this court is of the view that necessary permission shall be granted to the petitioner and his Villagers to conduct "Musical Orchestra Programme" in connection with the temple festival of Sri Arulmighu Sri Kaliamman Kovil temple situated at Mangudi Village, Nathamangudi Post, Lalgudi Taluk, Trichy District.

6. Accordingly, the Writ Petition is disposed of with the following directions:

(a) The Musical Orchestra Cultural Programme in connection with "Kidavettu Thiruvizha" of Sri Arulmighu Sri Kaliamman Kovil temple situated at Mangudi Village, Nathamangudi Post, Lalgudi Taluk, Trichy District, be held on 28.06.2015 between 06.00p.m. and 10.30 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 so as to spoil the minds of students and youths.

(d) No dance or songs, touching upon any political party or religion or community or caste be played.

(e) No flex boards in support of any political party or communal leader be erected.

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

(g) If there is any 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; and (h) Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time. (i) The second respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

Sd ASST REGISTRAR - CO TRUE COPY SUB ASST REGISTRAR pmu To

1. The Superintendent of Police, Trichy District.

2. The Inspector of Police, Kallakudi Police Station, Trichy District.

1CC TO B JAMEEL ARASU ADV SR: 33532 1CC TO THE SPL GOVT PLEADER SR:34053 DM 26 JUND 15 3P 5C W.P(MD)No.10464 of 2015 25.06.2015