Karthikai Kannan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2015
CORAM:
THE HONOURABLE MS.JUSTICE R.MALA W.P(MD)No.14949 of 2015 Karthikai Kannan ... Petitioner Vs.
1. The Superintendent of Police, Madurai District, Madurai.
2. The Sub-Inspector of Police, Nagamalai Pudukottai Police Station, Madurai, Madurai District.
... Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the second respondent to accord permission and provide adequate police protection for conducting "Aadal Padal cultural programme" which is scheduled to be taken place on 22.08.2015 in connection with the 73rd year Mulapari Vurchava festival of Nithham Arul Valangum Sri Shakthimariyamman Temple, Mela Street, Thuvariman, Madurai District. For Petitioner : Mr.M.Pitchai Muthu For Respondent : Mr.D.Muruganandam Additional Government Pleader
ORDER
Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondent. By consent, the Writ Petition itself is taken up for final disposal.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3. The present Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondent to grant permission and give protection for conducting "Aadal Padal cultural programme" which is scheduled to be held on 22.08.2015 in connection with the 73rd year Mulapari Vurchava festival of Nithham Arul Valangum Sri Shakthimariyamman Temple, Mela Street, Thuvariman, Madurai District.
4. 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 was given to the respondents, but, 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 would further submit that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.
5. The learned Additional 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.
6. Accordingly, the Writ Petition is disposed of with the following directions:
(a) The cultural dance programme in connection with the festival of Nithham Arul Valangum Sri Shakthimariyamman Temple, Mela Street, Thuvariman, Madurai District be held on 22.08.2015 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; © 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; (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; and (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
To
1. The Superintendent of Police, Madurai District, Madurai.
2. The Sub-Inspector of Police, Nagamalai Pudukottai Police Station, Madurai, Madurai District.
+ 1 CC TO MR.M.PITCHAI MUTHU, ADVOCATE SR NO.47925 AKV TE/KBM-SAR-II 21/08/2015 3P/4C W.P(MD)No.14949 of 2015 20.08.2015