Madras High CourtWP(MD)/5082/2015disposed of

Amaran v. The Superintendent Of Police

2015-04-07Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.5082 of 2015 Amaran ... Petitioner Vs.

1.The Superintendent of Police, Pudukottai District, Pudukkottai.

2.The Inspector of Police, Karambakudi Police Station, Pudukottai District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to grant permission and protection for cultural event namely Drama & Adalpadal scheduled to be held on 07.04.2015 at night in connection with "Panguni Festival" at Arulmigu Sri Veeramahaliamman Kovil at Ambukovil, Karambakudi Taluk, Pudukkottai District.

For Petitioner : Mr.E.Balasubramanian For Respondents : Mr.M.Murugan Government Advocate

O R D E R

This writ petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondents to grant permission and protection for cultural event namely Drama & Adalpadal scheduled to be held on 07.04.2015 at night in connection with "Panguni Festival" at Arulmigu Sri Veeramahaliamman Kovil at Ambukovil, Karambakudi Taluk, Pudukkottai District.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.Learned counsel for the petitioner would submit that the petitioner is the member of Festival Committee of Arulmigu Sri Veeramahaliamman Kovil at Ambukovil, Karambakudi Taluk, Pudukkottai 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 "Aadal Padal dance" programme on 07.04.2015. In this connection, a representation was given on 30.03.2015 to the second respondent, with a request to grant permission to conduct "Adal Padal dance" Programme on 07.04.2015, however no order was passed by the second 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 https://hcservices.ecourts.gov.in/hcservices/

is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village. 4.Mr.M.Murugan, learned Government Advocate 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 Government Advocate appearing for the respondents, this court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'cultural programme' in connection with "Panguni Festival" at Arulmigu Sri Veeramahaliamman Kovil at Ambukovil, Karambakudi Taluk, Pudukkottai District, however, with the following conditions:- 6.Accordingly, the writ petition is disposed of with the following directions:

(a)The cultural programme in connection with "Panguni Festival" at Arulmigu Sri Veeramahaliamman Kovil at Ambukovil, Karambakudi Taluk, Pudukkottai District, be held on 07.04.2015 between 06.00 p.m 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 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 costs.

Sd/- Assistant Registrar(CO) \\True copy\\ Sub Assistant Registrar To 1.The Superintendent of Police,Pudukottai District, Pudukkottai. 2.The Inspector of Police, Karambakudi Police Station, Pudukottai District.

+1cc to MR.E.BALASUBRAMANIAN, ADVOCATE SR.NO.17223 W.P(MD)No.5082 of 2015 07.04.2015 PJ1/SSL NA/07/04/2015/P2/4C https://hcservices.ecourts.gov.in/hcservices/