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Madras High CourtWP(MD)/17480/2015disposed of

Vivekanandan v. The Superintendent Of Police

2015-09-29Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA W.P(MD)No.17480 of 2015 Vivekanandan :Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Sub-Inspector of Police, Alangulam Police Station, Alangulam, Virudhunagar District.

:Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the rejection order of the second respondent dated 24.09.2015 and quash the same and consequently direct the respondents to grant permission for cultural program in connection with "Pongal Thiruvizha" scheduled to be held on 30.09.2015 at Arulmigu Sri Selliaramman Thirukoil at Ethirkottai, Sivakasi Taluk, Virudhunagar District and pass such further or other orders as this Court may deem fit and proper in the circumstances of this case. For Petitioner : Mr.R.Karthic Rajan For Respondents : Mr.N.Manoharan Special Government Pleader ***********

O R D E R

By consent, the Writ Petition itself is taken up for final disposal.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the Respondents.

3. The present Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the rejection order of the second respondent dated 24.09.2015 and quash the same and consequently direct the respondents to grant permission for cultural program in connection with "Pongal Thiruvizha" scheduled to be held on 30.09.2015 at Arulmigu Sri Selliaramman Thirukoil at Ethirkottai, Sivakasi Taluk, Virudhunagar District.

4.The learned counsel appearing for the Petitioner would submit that cultural programme is being conducted by the villagers during the above said festival period. In this connection, a representation was given to the second respondent and the second respondent passed impugned order dated 23.09.2015 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.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 https://hcservices.ecourts.gov.in/hcservices/

petitioner and his Villagers to conduct cultural program in connection with "Pongal Thiruvizha" scheduled to be held on 30.09.2015 at Arulmigu Sri Selliaramman Thirukoil at Ethirkottai, Sivakasi Taluk, Virudhunagar District.

6. Since the reasons assigned in the impugned order are unsustainable, the impugned order dated 23.09.2015 is hereby set aside and the Writ Petition is disposed of with the following directions: (a) The cultural program in connection with "Pongal Thiruvizha" scheduled to be held on 30.09.2015 at Arulmigu Sri Selliaramman Thirukoil at Ethirkottai, Sivakasi Taluk, Virudhunagar District between 7.00 to 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 caste 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 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;

(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.Consequently, connected M.P. is closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To, 1.The Superintendent of Police, Virudhunagar District. 2.The Sub-Inspector of Police, Alangulam Police Station, Alangulam, Virudhunagar District.

+1cc to M/s.R.Karthick, Advocate in SR.No.57282 W.P(MD)No.17480 of 2015 Dated:- 29.09.2015 ses PBK/SK-SKN/SAR-II 29/09/2015 ::2P-4C::(IT) https://hcservices.ecourts.gov.in/hcservices/