K. Koteeswaran, v. The Commissioner 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.5221 of 2015 K.Koteeswaran ... Petitioner Vs.
1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.
2.The Inspector of Police, S.S.Colony Police Station, Madurai.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents herein to grant permission for conducting cultural activities, traditional dance and songs on 11.04.2015, for the completion of Festival of Arulmigu Sri Mariamman Thiru Kovil at Sriramnagar, Sammattipuram, Madurai District based on the petitioner's representation dated 04.04.2015 along with police protection.
For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.R.Karthikeyan Government Advocate
O R D E R
This writ petition has been filed seeking for the issuance of Writ of Mandamus, directing the second respondent herein to consider the petitioner's representations on 04.04.2015 and thereby grant permission to conduct the various cultural activities, traditional dance and songs, in pursuant to the temple festival of Arulmigu Sri Mariamman Thiru Kovil at Sriramnagar, Sammattipuram, Madurai District on 11.04.2015. 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 president of Festival Committee of "Arulmigu Sri Mariamman Thiru Kovil" at Sriramnagar, Sammattipuram, Madurai 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 "Aadalum Padalum" programme on 11.04.2015. In this connection, a representation was given on 04.04.2015 to the second respondent, with a request to grant permission to conduct "Adalum Padalum" Programme on 11.04.2015, 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 is celebrated https://hcservices.
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in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.
4.Mr.R.Karthikeyan, 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 'Adalum Padalum" programme in connection with the temple festival of "Arulmigu Sri Mariamman Thiru Kovil" at Sriramnagar, Sammattipuram, Madurai 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 temple Festival at "Arulmigu Sri Mariamman Thiru Kovil" at Sriramnagar, Sammattipuram, Madurai District be held on 11.04.2015 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. No costs.
Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To 1.The Commissioner of Police, Office of the Commissioner of Police,Madurai City. 2.The Inspector of Police,S.S.Colony Police Station,Madurai. +1cc to Mr.B.Jameel Arasu,Advocate, SR.No.17789 +1cc to Special Govt.Pleader SR.No.17864 W.P(MD)No.5221 of 2015 ses 08.04.2015 PA/09.04.2015/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/