Thalaimalai, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2015
CORAM:
THE HONOURABLE MS.JUSTICE R.MALA W.P(MD)No.17484 of 2015 Thalaimalai : Petitioner Vs.
The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.
: Respondent Prayer:
Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the Respondent to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 01.10.2015 at night in connection with "Purattasi Festival"in Arulmigu Sri Sakthimariamman Kovil at Valavanthaan Village, Rajapalayam Taluk, Virudhunagar District and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.
For Petitioner : Mr.J.Jeya Aron Raja For Respondent : 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 Respondent.
3. The present Writ Petition has been filed for issuance of a Writ of Mandamus, directing the Respondent to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 01.10.2015 at night in connection with "Purattasi Festival"in Arulmigu Sri Sakthimariamman Kovil at Valavanthaan Village, Rajapalayam Taluk, Virudhunagar District.
4.The learned counsel appearing for the Petitioner would submit that cultural dance programme is being conducted by the villagers during the above said festival period. In this connection, a representation was given to the Respondent, but, however, the same was not considered by the Respondent so far 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.The learned Special Government Pleader appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for https://hcservices.ecourts.gov.in/hcservices/
maintaining law and order and also to avoid any untoward incident during performance of such programme.
6.Accordingly, the Writ Petition is disposed of with the following directions:
(a) The cultural programme namelyAdalpadal scheduled to be held on 01.10.2015 at night in connection with "Purattasi Festival"in Arulmigu Sri Sakthimariamman Kovil at Valavanthaan Village, Rajapalayam Taluk, Virudhunagar District 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 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 Respondent is directed to issue necessary permission, incorporating the above conditions.
No order as to costs.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Thalavaipuram Police Station, Virudhunagar District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.J.Jeya Aron Raja, Advocate SR.No.57181 Order made in W.P(MD)No.17484 of 2015 29.09.2015 ses NS/SKS-RR/SAR I/30.09.2015 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/