K.S.Pandiyan, v. The Supdt. Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.11574 of 2015 K.S.Pandiyan ... Petitioner Vs
1. The Superintendent of Police, District Police Office, Virudhunagar District, Virudhunagar.
2. The Inspector of Police, Thalavaipuram Police Station, Thalavaipuram, Rajapalayam Taluk, Virudhunagar 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 second respondent to grant permission and protection for Arulmighu Ambalkudi Niraikulathu Niraipandiya Ayyanar Panthimal Temple's Kodai festival, Pongal, Theeba Arathanai, Eighteen kinds of Abishegams, Utchikala Poojai, Panchamirtha festival with the cultural events of Muthalamman Adal Padal Programmes on 10.07.2015 and 11.07.2015 at Mangudi-Meenakshipuram, Rajapalayam Taluk, Virudhunagar District. For Petitioner : Mr.C.Baskaran 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 second respondent to grant permission and protection for Arulmighu Ambalkudi Niraikulathu Niraipandiya Ayyanar Panthimal Temple's Kodai festival, Pongal, Theeba Arathanai, Eighteen kinds of Abishegams, Utchikala Poojai, Panchamirtha festival with the cultural events of Muthalamman Adal Padal Programmes on 10.07.2015 and 11.07.2015 at Mangudi-Meenakshipuram, Rajapalayam Taluk, Virudhunagar 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 Arulmighu Ambalkudi Niraikulathu Niraipandiya Ayyanar Panthimal temple Thiruppani Committee at MangudiMeenakshipuram 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 "Aadal Padal programme" on 10.07.2015 and 11.07.2015. In this connection, a representation was given on 25.06.2015 to the respondents, with a request to grant permission to conduct "Adal Padal Programme" on 10.07.2015 and 11.07.2015, 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 Ambalkudi Niraikulathu Niraipandiya Ayyanar Panthimal Temple, at Mangudi-Meenakshipuram, Rajapalayam Taluk, Virudhunagar District.
6. Accordingly, the Writ Petition is disposed of with the following directions:
(a) The Adal Padal cultural programme in connection with "Temple Festival", at Arulmighu Ambalkudi Niraikulathu Niraipandiya Ayyanar Panthimal Temple, at Mangudi-Meenakshipuram, Rajapalayam Taluk, Virudhunagar District, be held on 10.07.2015 and 11.07.2015 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(AE) /True copy/ Sub Assistant Registrar
To
1. The Superintendent of Police, District Police Office, Virudhunagar District, Virudhunagar.
2. The Inspector of Police, Thalavaipuram Police Station, Thalavaipuram, Rajapalayam Taluk, Virudhunagar District.
+1cc to MR.C.BASKARAN,Advocate SR.No.36992 W.P(MD)No.11574 of 2015 08.07.2015 pmu/mpk PA/08.07.2015/3P/4C(IT)