Madras High CourtWP(MD)/10484/2015ordered

T.Periyasamy, v. The Inspector Of Police

2015-06-25Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.10484 of 2015 T.Periyasamy ... Petitioner Vs The Inspector of Police, Malaiyoor Police Station, Pudukottai District.

... Respondent Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to grant permission and protection for yearly festival of Sri Agasakaliamman Kovil situated at Kannangkadu, Karambakudi Taluk, Pudukottai District for the "Adal Padal Dance" programme on 29.06.2015 at night 08.00P.M., to 12A.M.

For Petitioner : Mr.C.Shanmugasundaram For Respondent : Mr.S.Murugan Additional Government Advocate

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondent to grant permission and protection for yearly festival of Sri Agasakaliamman Kovil situated at Kannangkadu, Karambakudi Taluk, Pudukottai District for the "Adal Padal Dance" programme on 29.06.2015 at night 08.00P.M., to 12A.M.

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

3. Learned counsel for the petitioner would submit that the petitioner is the resident of Kannangkadu village, Karambakudi Taluk, Pudukottai 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 "Adal Padal Programme" on 29.06.2015.

In this connection, a representation was given on 22.06.2015 to the respondent, with a request to grant permission to conduct "Adal Padal Programme" on

29.06.2015 however no order was passed by the respondent 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 respondent, 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 respondent, this court is of the view that necessary permission shall be granted to the petitioner and his Villagers to conduct "Adal Padal Programme" in connection with the temple festival of Sri Agasakaliamman Kovil situated at Kannangkadu, Karambakudi Taluk, Pudukottai District

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

(a) The Musical Orchestra Cultural Programme in connection with temple festival of Sri Agasakaliamman Kovil situated at Kannangkadu, Karambakudi Taluk, Pudukottai District, be held on 29.06.2015 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 respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar pmu To The Inspector of Police, Malaiyoor Police Station, Pudukottai District.

+1cc to MR.C.Shanmuga sundaram, Advocate in Sr NO.33668 +1cc to Special Government Pleader in Sr No.34038 W.P(MD)No.10484 of 2015 25.06.2015 rg.26.06.2015 3p/4c