P. Paramasivam, v. The Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2015
CORAM:
THE HONOURABLE DR.JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE V.S.RAVI W.P(MD)No.4885 of 2015 P.Paramasivam ... Petitioner Vs.
1. The Superintendent of Police, Theni District, Theni.
2. The Sub Inspector of Police, Kanavilakku Police Station, Kanavilaku, Theni District.
... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus calling for the Impugned order dated 26.03.2015 passed by the 2nd respondent and quash the same and directing the Respondents to grant permission and necessary protection to perform the cultural programme (i.e.) Dance Programme on 08.04.2015 in the festival of Arulmighu Sree Manthaiamman Kovil at Arppadidevanpatti Kunnoor Post Andipatti Taluk Theni District.
For Petitioner : Mr.C.Bethanasamy 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 to quash the impugned order dated 26.03.2015 passed by the second respondent refusing to grant permission to conduct cultural programme and consequently to direct the second respondent to grant permission and necessary protection to perform the cultural programme (i.e.) Dance Programme on 08.4.2015 in connection with Arulmighu Sree Manthaiamman Kovil at Arppadidevanpatti Kunnoor Post 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 a member of Festival Committee of Arulmighu Sree Manthaiamman Kovil at Arppadidevanpatti Kunnoor Post 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 08.04.2015. In this connection, a representation was given on 26.03.2015 to the second respondent, with a request to grant permission to conduct 'Cultural Programme on 08.04.2015, however the second respondent passed the impugned order refusing to grant permission to conduct 'cultural programme' 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 with Arulmighu Sree Manthaiamman Kovil at Arppadidevanpatti Kunnoor Post Andipatti Taluk Theni District, on 08.04.2015 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 impugned order is set aside. The cultural programme in connection with Arulmighu Sree Manthaiamman Kovil at Arppadidevanpatti Kunnoor Post Andipatti Taluk Theni District, festival be held on 08.04.2015 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(C.O.,) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.
2.The Sub Inspector of Police, Kanavilakku Police Station, Kanavilaku, Theni District.
+1cc to Mr.C.Bethanasamy, Advocate, in SR. No.16647. W.P(MD)No.4885 of 2015 01.04.2015 sms msm 01.04.2015 p3/4c