S. Manickam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2015

CORAM:

THE HONOURABLE Ms.JUSTICE R.MALA W.P(MD)No.14030 of 2015 S.Manickam ... Petitioner Vs.

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

2.The Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to grant permission to conduct Aadal Padal Festival on 12.08.2015 and 13.08.2015 at 07.00 p.m., in Oorampatti Maraneri Post, Sivakasi Taluk, Virudhunagar District and give adequate police protection in connection with the Temple festival of Sri Kaliamman Kovil, Oorampatti Maraneri Post, Sivakasi Taluk, Virudhunagar District based on the petitioner's representation dated 03.08.2015.

For Petitioner : Mr.S.Baskarmathuram 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 respondents to grant permission to conduct Aadal Padal Festival on 12.08.2015 and 13.08.2015 at 07.00 p.m., in Oorampatti Maraneri Post, Sivakasi Taluk, Virudhunagar District and give adequate police protection in connection with the Temple festival of Sri Kaliamman Kovil, Oorampatti Maraneri Post, Sivakasi Taluk, Virudhunagar Distrct based on the petitioner's

representation dated 03.08.2015.

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 03.08.2015 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 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.

(a) The cultural dance programme in connection with the temple festival of Sri Kaliamman Kovil, Oorampatti Maraneri Post, Sivakasi Taluk, Virudhunagar District be held on 12.08.2015 and 13.08.2015 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 ASST REGISTRAR TRUE COPY SUB ASST REGISTRAR Ns To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District.

1CC TO M.R S. BASKAR MATHURAM, ADV SR: 44501 1CC TO THE SPL GP SR; 44564 RG 8 7 15 - 3P 5C W.P(MD)No.14030 of 2015 06.08.2015