K.Karthi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.07.2015 Coram THE HONOURABLE MR.JUSTICE M.M.SUNDRESH WP(MD)No.12849 of 2015 K.Karthi .. Petitioner Vs.
1.The Superintendent of Police, Pudukottai District, Pudukottai.
2.The Inspector of Police, Jegathapattanam Police Station, Jegathapattanam, Pudukottai District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to give permission and protection to the Adal Padal Programme in the event of Festival of Iyampattanam Sree Karumariamman Kovil at Karumariamman Street, Iyampattanam Jagathapattanam Post, Manamelkudi Taluk ,Pudukottai District on 03.08.15.
For Petitioner : Mr.R.Venkatesh For Respondents :
Mr.M.Murugan Govt.Advocate
ORDER
This writ petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondents to give permission and protection to the Adal Padal Programme in the event of Festival of Iyampattanam Sree Karumariamman Kovil at Karumariamman Street, Iyampattanam Jagathapattanam Post, Manamelkudi Taluk, Pudukottai District on 03.08.15. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.Learned counsel for the petitioner would submit that the petitioner is the member of the Vizha committee of Iyampattanam Sree Karumariamman Kovil at Karumariamman Street, Iyampattanam Jagathapattanam Post, Manamelkudi Taluk, Pudukottai District. This year also, the villagers jointly decided to conduct the village temple festival, with "Aadal Paadal programme" on 03.08.2015.
In this connection, a representation was given on 21.07.2015 to the respondent police, with a request to grant permission to conduct "Aadal Paadal Programme", 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 https://hcservices.ecourts.gov.
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 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 Government Advocate appearing for the respondents, this court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'Aadal Paadal programme" in connection with the temple festival of Iyampattanam Sree Karumariamman Kovil at Karumariamman Street, Iyampattanam Jagathapattanam Post, Manamelkudi Taluk, Pudukottai District. 6.Accordingly, the writ petition is disposed of with the following directions:
(a)The cultural programme in connection with temple Festival at Iyampattanam Sree Karumariamman Kovil at Karumariamman Street, Iyampattanam Jagathapattanam Post, Manamelkudi Taluk, Pudukottai District to be held on 03.08.2015 between 06.00 p.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;
(h)Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time; and (i)The second respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
SD ASST REGISTRAR -CRL SIDE TRUE COPY sms To SUB ASST REGISTRAR 1.The Superintendent of Police,Pudukottai District, Pudukottai. 2.The Inspector of Police,Jegathapattanam Police Station, Jegathapattanam, Pudukottai District.
1CC TO MR. R. VENKATESH,ADV SR: 41169 1CC TO THE SPL GP SR: 41632 DM 29 7 15 - 2P 5C WP(MD)No.12849 of 2015 24.07.2015 https://hcservices.ecourts.gov.in/hcservices/