Madras High CourtWP(MD)/11542/2015disposed of

à.Nagalingam v. The Superindent Of Police

2015-07-08Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.11542 of 2015 A.Nagalingam ... Petitioner Vs

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

2. The Inspector of Police, Temple Police Station, Thiruchendur, Tuticorin 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 to grant permission and protection for "Aadi Pongal Festival Programme" at "Arulmighu Santhana Mariamman Temple" situated at Thoppur, Thiruchendur, Tuticorin District on 20.07.2015 for Adal Padal Programme at night.

For Petitioner : Mr.M.Veilkani Raju For Respondents : Mr.S.Kumar Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondents to grant permission and protection for "Aadi Pongal Festival Programme" at "Arulmighu Santhana Mariamman Temple" situated at Thoppur, Thiruchendur, Tuticorin District on 20.07.2015 for Adal Padal Programme at night.

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 resident of Thoppur Village and every year Arulmighu Santhana Mariamman temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival, with "Aadal Padal programme" on 20.07.2015. In this connection, a representation was given on 30.06.2015 to the respondents, with a request to grant permission to conduct "Adal Padal Programme" on 20.07.2015, 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.Kumar, 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 "Adal Padal programme" in connection with the temple festival of "Arulmighu Santhana Mariamman Temple" situated at Thoppur, Thiruchendur, Tuticorin District.

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

(a) The Adal Padal cultural programme in connection with "Aadi Pongal Festival", at "Arulmighu Santhana Mariamman Temple" situated at Thoppur, Thiruchendur, Tuticorin District, be held on 20.07.2015 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/- Assistant Registrar(Crl.Side) /True copy/ Sub Assistant Registrar

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

2. The Inspector of Police, Temple Police Station, Thiruchendur, Tuticorin District.

+1cc to Mr.M.Veilkaniraju,Advocate SR.No.37330 W.P(MD)No.11542 of 2015 08.07.2015 pmu/mpk PA/IV/10.07.2015/3P/4C (IT)