Durai v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2015 CORAM :
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.11710 of 2015 Durai ... Petitioner Vs.
The Inspector of Police, Surandai Police Station, Tirunelveli District.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to grant permission and protection for cultural event namely Adal Padal scheduled to be held on 19.07.2015 at night in connection with "Aani Festival" in Lakshmipuram Village, V.K.Pudur Taluk, Tirunelveli District.
For Petitioner : M/s.V.Ramalingam For Respondent : Mr.M.Murugan 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 cultural event namely Adal Padal scheduled to be held on 19.07.2015 at night in connection with "Aani Festival" in Lakshmipuram Village, V.K.Pudur Taluk, Tirunelveli District.
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 member of the Vizha Committee of Aani Festival and every year "Aani Festival" is being conducted by the villagers and this year also, the villagers jointly decided to conduct "Aani Festival", with "Aadal Padal programme" on 19.07.2015. In this connection, a representation was given on 07.07.2015 to the respondent, with a request to grant permission to conduct "Adal Padal Programme" on 19.07.2015 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 festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.
4. Mr.M.Murugan, learned Government Advocate 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 Government Advocate 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 "Aani Festival" at Lakshmipuram Village, V.K.Pudur Taluk, Tirunelveli District.
6. Accordingly, the Writ Petition is disposed of with the following directions:
(a) The Adal Padal cultural programme in connection with "Aani Festival", at Lakshmipuram Village, V.K.Pudur Taluk, Tirunelveli District, be held on 19.07.2015 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 respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
Sd/- Assistant Registrar(AS) \\True copy\\ Sub Assistant Registrar
To The Inspector of Police, Surandai Police Station, Tirunelveli District.
+1cc to Mr.V.Ramalingam, Advocate Sr.No.38711 akm/15.07.15 /3p-3c/ W.P(MD)No.11710 of 2015 15.07.2015