K.Periyasamy, S/O Karuppan v. The Supdt. Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.5140 of 2015 K.Periyasamy ... Petitioner Vs.
1.The Superintendent of Police, Dindigul District, Dindigul 2.The Inspector of Police, Nilakkottai Police Station, Dindigul District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the Respondents to grant permission to perform the dance programme 'Aadal-Padal' from 6.00 p.m to 10.30 p.m. at Arulmighu Kaliamman Bagavathy Amman Thirukovil, Agraharapatti, Nakkaloothu Village, Nilakkottai Taluk, Dindigul District scheduled to be held on 9.4.2015 and to provide adequate police protection.
For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.R.Karthikeyan Addl.Govt.Pleader
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 to perform the dance programme 'Aadal-Padal' from 6.00 p.m to 10.30 p.m. at Arulmighu Kaliamman Bagavathy Amman Thirukovil, Agraharapatti, Nakkaloothu Village, Nilakkottai Taluk, Dindigul District scheduled to be held on 9.4.2015 and to provide adequate police protection.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3.Learned counsel for the petitioner would submit that the petitioner is the President of Festival Committee of Arulmighu Kaliamman Bagavathy Amman Thirukovil, Agraharapatti, Nakkaloothu Village, Nilakkottai Taluk, Dindigul 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 programme" on 09.04.2015. In this connection, a representation was given on 1.4.2015 to the respondent police, with a request to grant permission to conduct "Adal Padal Programme" on 09.04.2015, however no order was passed by the
respondents 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.R.Karthikeyan, learned Additional 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 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 'Adal Padal programme" in connection with the temple festival of Arulmighu Kaliamman Bagavathy Amman Thirukovil, Agraharapatti, Nakkaloothu Village, Nilakkottai Taluk, Dindigul District. 6.Accordingly, the writ petition is disposed of with the following directions:
(a)The cultural programme in connection with temple Festival at Arulmighu Kaliamman Bagavathy Amman Thirukovil, Agraharapatti, Nakkaloothu Village, Nilakkottai Taluk, Dindigul District be held on 09.04.2015 between 06.00 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. Sd/ Assistant Registrar /True copy/ sub Assistant Registrar(c.s)
To 1.The Superintendent of Police, Dindigul District, Dindigul 2.The Inspector of Police, Nilakkottai Police Station, Dindigul District.
+1cc to M/S. P.Krishnasmay Advocate in SR.No. 17559 TS/09.04.2015/3P-4C W.P(MD)No.5140 of 2015 08.04.2015