Madras High CourtWP(MD)/15521/2015disposed of

A.Nagarajan v. The Superintendent Of Police

2015-08-27Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.15521 of 2015 A.Nagarajan

...Petitioner

Vs.

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

2.The Inspector of Police, Kalaiyarkoil Police Station, Kalaiyarkoil, Sivagangai District.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to grant permission and protection for Adal Padal programme in Maha Kumbabisheka Festival in Arulmigu Sornavalli Ambika Sametha Sorna Kalleswara Alayam, Kalaiyarkoil, Sivagangai District in which scheduled to be held on 08.09.2015.

For Petitioner : Mr.S.J.Chakkaravarthy for M/s.Eddy and Emboss Law Firm 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 Mandamus, directing the respondents to grant permission and protection for Adal Padal programme in Maha Kumbabisheka Festival in Arulmigu Sornavalli Ambika Sametha Sorna Kalleswara Alayam, Kalaiyarkoil, Sivagangai District in which scheduled to be held on 08.09.2015. 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 in his village of Arulmigu Sornavalli Ambika Sametha Sorna Kalleswara Alayam, Kalaiyarkoil, Sivagangai District and every year temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct Maha Kumbabisheka Festival with Adal Padal programme on 08.

09.2015. In this connection, a representation was given on 19.08.2015 to the second respondent police, with a request to grant permission to conduct Adal Padal programme in Maha Kumbabisheka Festival on 08.09.2015, however, no order was passed by the second respondent on the said representation 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.

https://hcservices.ecourts.gov.in/hcservices/

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.Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents, this court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct Adal Padal programme on 08.09.2015, in connection with Maha Kumbabisheka Festival of Arulmigu Sornavalli Ambika Sametha Sorna Kalleswara Alayam, Kalaiyarkoil, Sivagangai District.

6.Accordingly, the writ petition is disposed of with the following directions:

(a)The cultural programme in connection with Maha Kumbabisheka Festival at Arulmigu Sornavalli Ambika Sametha Sorna Kalleswara Alayam, Kalaiyarkoil, Sivagangai District be held on 08.09.2015 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(Records) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai, Sivagangai District. 2.The Inspector of Police, Kalaiyarkoil Police Station, Kalaiyarkoil, Sivagangai District.

+1cc to Mr.Eddy and Embboss, Advocate in SR.No.49376 W.P(MD)No.15521 of 2015 27.08.2015 ns PBK/AMF/SAR-II 31/08/2015 ::2P-4C:: (IT) https://hcservices.ecourts.gov.in/hcservices/