Karuthapandi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2015
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.15471 of 2015 Karuthapandi ... Petitioner Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, Madurai, Madurai District.
2.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the rejection order of the 2nd respondent dated 24.08.2015 and quash the same and consequently direct the 2nd respondent to grant permission and protection to perform cultural Adal padal scheduled to be held on 30.08.2015 "yearly Marupoojai Festival"at Arulmigu Sri Karuppasamy Temple Thirukovil at Vadapalanchi Village, Madurai District.
For Petitioner : Mr.A.Vadivel For Respondents : Mr.N.Manoharan Spl.Govt.Pleader
O R D E R
This writ petition has been filed seeking for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the rejection order of the 2nd respondent dated 24.08.2015 and quash the same and consequently direct the 2nd respondent to grant permission and protection to perform cultural Adal padal scheduled to be held on 30.08.2015 "yearly Marupoojai Festival" at Arulmigu Sri Karuppasamy Temple Thirukovil at Vadapalanchi Village, Madurai District.
2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3.Learned counsel for the petitioner would submit that there is a famous temple at Arulmigu Sri Karuppasamy Temple Thirukovil at Vadapalanchi Village, Madurai District and every year temple festival is being conducted by the villagers and this year
also, the villagers jointly decided to conduct the village temple festival, with "cultural Adalpadal programme" on 30.08.2015. In this connection, a representation was given on 24.08.2015 to the second respondent police, with a request to grant permission to conduct "Adal Padal Programme". The second respondent has passed impugned order rejecting the petitioner's request 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.The only objection raised is that permission if granted likely would lead to law and order problem.
From the order passed by the second respondent there was no indication that law and order problem would be arisen. It is for the respondent to impose any condition to maintain law and order problem. It is not as if there was any prior untoward occurrence in the conduct of the programme. 5.Accordingly, the impugned order is set aside and the writ petition is allowed and the petitioner is permitted to conduct 'Adal Padal programme' in connection with the temple festival of Arulmigu Sri Karuppasamy Temple Thirukovil at Vadapalanchi Village, Madurai District, however, with the following conditions:- (a)The cultural programme in connection with temple Festival at Arulmigu Sri Karuppasamy Temple Thirukovil at Vadapalanchi Village, Madurai District, be held on 30.08.2015 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; and (h)Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time. (i)The second respondent is directed to issue necessary permission, incorporating the above conditions. No costs.
Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar
Ns To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai, Madurai District.
2.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.
+1cc to Mr.A.Vadivel,Advocate Sr No.49527 W.P(MD)No.15471 of 2015 27.08.2015 rg.28/08/2015 3p/4c.