M.Deva Arasan @ Dinesh, v. The Commissioner Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2015
CORAM:
THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.5667 of 2015 M.Deva Arasan @ Dinesh ... Petitioner Vs.
1.The Commissioner of Police, Trichy City, Trichy.
2.The Inspector of Police, Palakarai Police Station, Trichy District.
... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to grant permission and police protection for conducting the "Karagattam cultural function" on 02.05.2015 at "Arulmighu Muthu Mariamman Kovil" premises, Muthaliyar Chathiram, Trichy. For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.R.Karthikeyan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, to direct the respondents to grant permission and police protection for conducting the "Karagattam cultural function" on 02.05.2015 at "Arulmighu Muthu Mariamman Kovil" premises, Muthaliyar Chathiram, Trichy.
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 temple festival of "Arulmighu Muthu Mariamman Kovil" premises, Muthaliyar Chathiram, Trichy, is conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival, with "Karagattam cultural function" on 02.05.2015. In this connection, a representation was given on 02.04.2015 to the respondent police, with a request to grant permission to conduct "Karagattam cultural function" scheduled to be held on 02.05.2015, 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 https://hcservices.ecourts.gov.in/hcservices/
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 "Karagattam cultural function" in connection with the temple festival of "Arulmighu Muthu Mariamman Kovil" premises, Muthaliyar Chathiram, Trichy.
6. Accordingly, the Writ Petition is disposed of with the following directions:
(a) The cultural programme in connection with temple Festival of "Arulmighu Muthu Mariamman Kovil" premises, Muthaliyar Chathiram, Trichy, be held on 02.05.2015 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(Per Admn.) /TRUE COPY/ Sub Assistant Registrar To 1.The Commissioner of Police,Trichy City, Trichy. 2.The Inspector of Police,Palakarai Police Station,Trichy District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.K.M.Karunakaran,Advocate, SR.No.19651 +1cc to Special Govt.Pleader SR.No.19954 W.P(MD)No.5667 of 2015 17.04.2015 pjl/am PA/20.04.2015/2P/6C (IT) https://hcservices.ecourts.gov.in/hcservices/