Madras High CourtWP(MD)/12977/2015disposed of

V.Mohan, v. The Supdt.Of Police,

2015-07-24Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.07.2015 Coram THE HONOURABLE MR.JUSTICE M.M.SUNDRESH WP(MD)No.12977 of 2015 V.Mohan .. Petitioner Vs.

1.The Superintendent of Police, Pudukottai.

2.The Inspector of Police, Avudaiyarkovil Police Station, 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 grant permission and protection to conduct the Traditional Dance Programme on 02.08.2015 at 07.00 p.m. to 11.30 p.m in pursuant to the Adi Festival at "Sri Alagiya Kothaperumal Iyyanar Temple" situated at Karupur Village Avudaiyarkovil Taluk, Pudukkottai District based upon the petitioner's representation dated 21.07.2015.

For Petitioner :

Mr.M.Suresh 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 grant permission and protection to conduct the Traditional Dance Programme on 02.08.2015 at 07.00 p.m. to 11.30 p.m in pursuant to the Adi Festival at "Sri Alagiya Kothaperumal Iyyanar Temple" situated at Karupur Village Avudaiyarkovil Taluk, Pudukkottai District and based upon the petitioner's representation dated 21.07.2015.

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"Sri Alagiya Kothaperumal Iyyanar Temple" situated at Karupur Village Avudaiyarkovil Taluk, Pudukkottai District. This year also, the villagers jointly decided to conduct the village temple festival, with "Aadal Paadal programme" on 02.08.2015. 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 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 "Sri Alagiya Kothaperumal Iyyanar Temple" situated at Karupur Village Avudaiyarkovil Taluk, Pudukkottai District.

6.Accordingly, the writ petition is disposed of with the following directions:

(a)The cultural programme in connection with temple Festival at "Sri Alagiya Kothaperumal Iyyanar Temple" situated at Karupur Village Avudaiyarkovil Taluk, Pudukkottai District to be held on 02.08.2015 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/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar

sms To 1.The Superintendent of Police, Pudukottai.

2.The Inspector of Police, Avudaiyarkovil Police Station, Pudukottai District.

+1 cc to Mr.M.SURESH, ADVOCATE IN SR NO.410582 +1CC TO SPECIAL GOVERNMENT PLEADER IN SR NO.41603 WP(MD)No.12977 of 2015 24.07.2015 RG.29.07.2015 3P.5C.