Santhanam 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.15546 of 2015 Santhanam ... Petitioner Vs.
1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Deputy Superintendent of Police, D.S.P.Office, Thiruchuli Range, Virudhunagar District.
3.The Inspector of Police, Kattanur Police Station, Narikudi Circle, Virudhunagar District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the third respondent to grant permission for conducting drama function "Sri Valli Thirumanam" on 01.09.2015 and "Sathia Arichandra" on 02.09.2015 in the light of 'Sri Sevidu Theertha Ayyanar" temple festival at Kattnur Village, Thiruchuli Taluk, Virudhunagar District.
For Petitioner : Mr.R.Karunanidhi 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 third respondent to grant permission for conducting drama function "Sri Valli Thirumanam" on 01.09.2015 and "Sathia Arichandra" on 02.09.2015 in the light of 'Sri Sevidu Theertha Ayyanar" temple festival at Kattanur Village, Thiruchuli Taluk, Virudhunagar 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 the petitioner is the President of Kattanur Panchayat of Sri Sevidu Theertha Ayyanar"
temple festival at Kattanur Village, Thiruchuli Taluk, Virudhunagar District and every year temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct drama drama function "Sri Valli Thirumanam" on 01.09.2015 and "Sathia Arichandra" on 02.09.2015. In this connection, a representation was given on 20.08.2015 to the second respondent police, with a request to grant permission to conduct drama function "Sri Valli Thirumanam" on 01.09.2015 and "Sathia Arichandra" on 02.09.2015, however, no order was passed by the second and third respondents 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. 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 drama function "Sri Valli Thirumanam" on 01.09.2015 and "Sathia Arichandra" on 02.09.2015, in connection with the temple festival of Sri Sevidu Theertha Ayyanar" temple festival at Kattanur Village, Thiruchuli Taluk, Virudhunagar District. 6.Accordingly, the writ petition is disposed of with the following directions:
(a)The cultural programme in connection with temple Festival at Sri Sevidu Theertha Ayyanar" temple festival at Kattanur Village, Thiruchuli Taluk, Virudhunagar District be held on 01.09.2015 and 02.09.2015 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 third respondent is directed to issue necessary permission, incorporating the above conditions. No costs.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Deputy Superintendent of Police, D.S.P.Office, Thiruchuli Range, Virudhunagar District.
3.The Inspector of Police, Kattanur Police Station, Narikudi Circle, Virudhunagar District.
+1cc to M/S.R.Karunanidhi, Advocate in SR.No 49375 TS/28.08.2015/3P - 5C KBM/SAR -II W.P(MD)No.15546 of 2015 27.08.2015