Madras High CourtWP(MD)/14997/2015disposed of

K.Jeyasingh v. The Superintendent Of Police

2015-08-20Honourable Ms. Justice R.Mala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA W.P(MD)No.14997 of 2015 K.Jeyasingh ... Petitioner Vs.

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

2. The Inspector of Police, Arumuganeri Police Station, Arumuganeri, Tuticorin District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings dated 03.08.2015 of the second respondent and to quash the same and consequently, directing the second respondent to grant permission and necessary protection to perform the cultural programme (ie.,) Adal Padal on 03.09.2015 to 7.00 p.m. in the eve of Arulmighu Sri Pathrakaliamman Thirukovil "Kodaivizha" at Poonthottam, Kayalpattinam, Thiruchendur Taluk, Tuticorin District. For Petitioner : Mr.J.Ashok For Respondents : Mr.D.Muruganandam Additional Government Pleader

O R D E R

Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. 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 Certiorarified Mandamus, to call for the records relating to the impugned proceedings dated 03.08.2015 of the second respondent and to quash the same and consequently, directing the second respondent to grant permission and necessary protection to perform the cultural programme (ie.,) Adal Padal on 03.09.2015 to 7.00 p.m. in the eve of Arulmighu Sri Pathrakaliamman Thirukovil "Kodaivizha" at Poonthottam, Kayalpattinam, Thiruchendur Taluk, Tuticorin District.

4. The learned counsel for the petitioner would submit that the villagers jointly decided to conduct the festival with cultural programme (music concert) on 03.09.2015.

In this connection, a representation was given to the respondent police, with a request to grant permission to conduct the programme on the above said date,

however, the respondent Police has rejected the request of the petitioner, by impugned order dated 03.08.2015 and hence, the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner would further submit that as the said 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. Having considered the facts and circumstances of the case, the reason assigned for rejecting the permission is unsustainable and hence, the impugned order dated 03.08.2015 is set aside.

7. Considering the rival submissions made on either side, this Court is of the view that necessary permission shall be granted to the petitioner and his Villagers to conduct "cultural programme" in connection with the above said festival.

8. Accordingly, the Writ Petition is allowed with the following directions:

(a) The cultural programme (music concert) in connection with Arulmighu Sri Pathrakaliamman Thirukovil "Kodaivizha" at Poonthottam, Kayalpattinam, Thiruchendur Taluk, Tuticorin District be held on 03.09.2015 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 cultural 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 costs.

Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To

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

2. The Inspector of Police, Arumuganeri Police Station, Arumuganeri, Tuticorin District.

+1cc to Special Govt.Pleader SR.No.48457 1cc to M/S.Jeyapaul Associates, SR.No.48201 W.P(MD)No.14997 of 2015 20.08.2015 akv PA/AMF/SAR-II/27.08.2015/3P/4C (IT)