Madras High CourtWP(MD)/5320/2015disposed of

Sree Kandhan, v. The Superintendent

2015-04-10Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.5320 of 2015 Sree Kandhan ... Petitioner Vs.

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

2.The Inspector of Police, Keeramangalam Police Station, Pudukkottai 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 and protection for cultural event namely Adalpadal scheduled to be held on 14.04.2015 at night in connection with "Chithirai Festival" at Arulmigu Sri Perumal Kovil at Keeramangalam Village, Alangudy Taluk, Pudukkottai District.

For Petitioner : Mr.E.Balasubramanian For Respondents : Mr.R.Karthikeyan Additional Government Pleader

O R D E R

This writ petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondents herein to consider the petitioner's representation on 07.04.2015 and thereby grant permission to conduct the "Adal Padal Programme" to be held on 14.04.2015 at night in connection with "Chithirai Festival" at Arulmigu Sri Perumal Kovil at Keeramangalam Village, Alangudy Taluk, Pudukkottai District. 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, every year the temple festival of "Arulmigu Sri Perumal Kovil" at Keeramangalam Village, Alangudy Taluk, Pudukkottai District, 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 14.04.2015.

In this connection, a representation was given on 07.04.2015 to the respondent police, with a request to grant permission to conduct "Adal Padal Programme" on 14.04.2015, 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.

https://hcservices.ecourts.gov.in/hcservices/

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 Additional Government Pleader 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 "Arulmigu Sri Perumal Kovil" at Keeramangalam Village, Alangudy 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 temple Festival at "Arulmigu Sri Perumal Kovil" at Keeramangalam Village, Alangudy Taluk, Pudukkottai District be held on 14.04.2015 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(CO) /True copy/ Sub Assistant Registrar pjl/skn To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Keeramangalam Police Station, Pudukkottai District. +1cc to MR. E.BALASUBRAMANIAN,ADVOCATE IN SR NO. 18342 W.P(MD)No.5320 of 2015 10.04.2015 rg.13.04.2015 2p.4c.

https://hcservices.ecourts.gov.in/hcservices/