P.Senthilkumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2015

CORAM:

THE HONOURABLE DR.JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE V.S.RAVI W.P(MD)No.4746 of 2015 P.Senthilkumar ... Petitioner Vs.

1.The Superintendent of Police, District Police Office, Theni.

2.The Inspector of Police, Kandamanur Police Station, Kandamanur, P.O, Andipatti T.K, Theni District.

.. Respondents Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents -2 to permit and give Police Protection to conduct Dance and Music Programme (Aadal Paadal) for the Arulmigu Shri Kaaliyamman Temple Festival on 09.04.2015 Thursday at about 10.pm near the temple considering the representation dated 28.03.2015.

For Petitioner : Mr.B.Ravindran For Respondents : Mr.M.Alagadevan, Special Government Pleader.

ORDER

(Order of the Court was made by S.TAMILVANAN,J) This writ petition has been filed as a Public Interest Litigation (PIL), invoking Article 226 of the Constitution of India, seeking an order in the nature of writ of mandamus, directing the respondents to grant permission and necessary protection to perform the cultural programme (i.e.) Dance Programme on 09.04.2015 in the festival in Arulmigu Shri Kaaliyamman Temple, Ponnammal Patti, Andipatti Taluk, Theni 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 Festival Committee of Arulmigu Shri Kaaliyamman Temple, Ponnammal Patti, Andipatti Taluk, Theni District and every year temple festival is being conducted by the villagers and this

year also, the villagers jointly decided to conduct the village temple festival, with 'cultural programme' on 09.04.2015. In this connection, a representation was given on 28.03.2015 to the 2nd respondent, with a request to grant permission to conduct 'Cultural Programme on 09.04.2015, however no order was passed by the 2nd 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.

4.Mr.M.Alagathevan, 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, we are of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'cultural programme' in connection withArulmigu Shri Kaaliyamman Temple, Ponnammal Patti, Andipatti Taluk, Theni District on 09.04.2015 between 6.00 p.m. and 10.30 p.m., however, with the following conditions:- 6.Accordingly, the writ petition is disposed of with the following directions:

(a)The cultural programme in connection with Arulmigu Arulmigu Shri Kaaliyamman Temple, Ponnammal Patti, Andipatti Taluk, Theni District festival be held on 09.04.2015 between 6.00 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 order as to costs.

Sd/ Assistant Registrar /True copy/ sub Assistant Registrar(c.s) (

To 1.The Superintendent of Police, District Police Office, Theni.

2.The Inspector of Police, Kandamanur Police Station, Kandamanur, P.O, Andipatti T.K, Theni District.

+1cc to M/S.B.Ravindran, Advocate in SR.No. 15983. TS/01.04.2015/3P-4C W.P(MD)No.4746 of 2015 31.03.2015