Madras High CourtWP(MD)/21356/2014disposed of

A.Ayyappan Kumar, v. The Supdt. Of Police,

2015-01-07Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.21356 of 2014 A.Ayyappan Kumar : Petitioner Vs.

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

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

3.Mrs.Sangeetha : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the second respondent to grant permission to the petitioner for conducting the cultural events in the morning and conducting the stage drama scheduled to be held on 15.01.2015 at 10.00 p.m at Singara Kalaiyarangam, Sunnambur, Melur Taluk, Madurai District in pursuance of the Thai Pongal Festival and 39th Mandala Poojai and consequently direct the 1st and 2nd respondents to provide police protection for conducting the Pongal Festival.

For Petitioner : Mr.T.K.Gopalan For Respondents : Mr.R.Karthikeyan 1 and 2 Additional Government Pleader For Respondent 3 : Mr.D.Rameshkumar

ORDER

The present Writ Petition has been filed seeking permission to conduct cultural programmes and stage drama in pursuance of Pongal festival.

2.By consent of all the parties, the main Writ Petition itself is taken up for final disposal.

3.On notice, the Inspector of Police, Melur Police Station/second respondent herein and the Panchayat President/third respondent herein are present in the Court.

4.Heard Mr.T.K.Gopalan, learned counsel for the petitioner, Mr.R.Karthikeyan, learned Additional Government Pleader and Mr.D.Rameshkumar, learned counsel for the third respondent. 5.By consent, all the parties have stated that they have no objection for conducting pongal festival and also for conducting drama. The only apprehension of the respondents is that under the guise of drama, there should not be any speech either affecting or tarnishing the image of any https://hcservices.ecourts.gov.in/hcservices/

community or any other individual person. For which, the learned counsel for the petitioner submitted that the petitioner will abide by any conditions imposed by this Court. In fact, last year the petitioner had filed a Writ Petition for the very same function and as the third respondent has raised no objection for conducting the festival, this Court by order dated 09.01.2014 in W.P.(MD)No.398 of 2014 had granted permission to conduct the festival with certain conditions. But, ultimately due to some dispute, the drama could not be conducted last year. Therefore, the respondents want to be doubly cautious and they want the cooperation of all the parties for conducting the festival in a peaceful manner.

6.Now, the petitioner undertakes that he will not conduct any meeting during the festival and before commencing the drama and nobody will address in the drama. Further, the artistes only will appear in the stage and the script of the drama will be placed before the Inspector of Police three days prior to the commencement of drama and the same will be approved by the Inspector of Police and there will not be any deviation from the script which has been given to the Inspector of Police. It is made clear that the petitioner should not degrade or comment upon any other community or any other individual person during the course of the drama and the petitioner will give due honour to the President of the Panchayat who will also participate in the function.

The President of the Panchayat will also seek harmony of all the persons to conduct the festival in a peaceful manner. Samiyadi will print the invitation on behalf of the family. The petitioner can always cooperate with the samiyadi and participate in the festival. The entire programme should be totally videographed and handed over to the Inspector of Police immediately after the function and in case of any violation or any law and order problem arise, at any point of time the respondent police is at full liberty to stop the programme. It is also made clear that the respondent police will give necessary protection for the smooth conduct of the festival and the petitioner as well as the third respondent will be jointly and severely responsible for the smooth conduct of the festival.

7.With the above observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar srm To 1.The Superintendent of Police, Madurai District, Madurai. 2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

+1cc to MR. D.Ramesh kumar,ADvocate in SR NO.661 +1cc to Mr.PT.S.Narendravasan, Advocate in Sr NO.500 +1cc to Special Government Pleader SR NO.754 W.P.(MD).No.21356 of 2014 07.01.2015 RG.08.01.2015 2P.6C.

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