Madras High CourtWP(MD)/14018/2015disposed of

Sekar v. The Superiintendent Of Police

2015-08-06Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2015

CORAM:

THE HONOURABLE Ms.JUSTICE R.MALA W.P(MD)No.14018 of 2015 Sekar ... Petitioner Vs.

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

2.The Sub Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the 2nd respondent to give permission with protection to conduct the cultural function Aaadal - Paadal at Kovanur Public Stage in connection with Kumbabishegam Festival of Arulmigu Sree Kovanikaada Iyyanar Temple, at Kovanur, Ponnamaravathy Taluk, Pudukkottai District, scheduled on 26.08.2015 between 07.00 p.m., to 12.00 p.m., based on the petitioner's representation dated 20.07.2015. For Petitioner : Mr.A.Prasanna Rajadurai for M/s.S.Muthalraj For Respondents : Mr.N.Manoharan Spl.Govt.Pleader

O R D E R

The Petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus directing the the 2nd respondent to give permission with protection to conduct the cultural function Aaadal - Paadal at Kovanur Public Stage in connection with Kumbabishegam Festival of Arulmigu Sree Kovanikaada Iyyanar Temple, at Kovanur, Ponnamaravathy Taluk, Pudukkottai District, scheduled on 26.08.2015 between 07.00 p.m., to 12.00 p.m., based on the petitioner's representation dated 20.07.2015. 2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 3.The learned counsel appearing for the Petitioner would submit that cultural dance programme is being conducted by the villagers during the above said festival period. In this connection, a representation dated 20.07.

2015 was given to the respondents, however, the same was not considered by the respondents so far and hence, the Petitioner is before this Court with this Writ Petition. The learned counsel appearing for the Petitioner further submitted that the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the https://hcservices.ecourts.gov.

people of the village.

4.Mr.N.Manoharan, learned Special 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.Accordingly, the Writ Petition is disposed of with the following directions:

(a) The cultural dance programme in connection with Kumbabishegam Festival of Arulmigu Sree Kovanikaada Iyyanar Temple, at Kovanur, Ponnamaravathy Taluk, Pudukkottai District be held on 26.08.2015 between 07.00 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 the youth (d)No dance or songs, touching upon any political party or religion, community or case be played;

(e)No flex boards in support of any political party or religious leader be erected.

(f)The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on case. (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 empowered to stop the dance programme, if it exceeds beyond the permitted time.

(i)the participants of the programme shall not intake any kind of toxic substance or liquor during the programme; (j)If there is any untoward incident took place, the village people and the organizers of the programme be made responsible for the same; (k)The Second Respondent is directed to issue necessary permission, incorporating the above conditions.

No order as to costs.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar Ns To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Sub Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.

1CC TO MR. N. PALANIYANDI, ADV SR: 44505 1CC TO THE SPL GP SR: 44577 DM 10 8 15 - 2P 5C W.P(MD)No.14018 of 2015 06.08.2015 https://hcservices.ecourts.gov.in/hcservices/