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Madras High CourtWP(MD)/5751/2015disposed of

Pitchai v. The Superintendent Of Police

2015-04-16Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.5751 of 2015 Pitchai ... Petitioner Vs.

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

2.The Sub-Inspector of Police, Sedappatty Police Station, Madurai District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to give permission with protection to conduct the cultural function Aadal-Paadal at Allikundam Water Tank Public stage in Chitra Festival of "Sri Hariyammal Alagar Kovil", Usilampatty Taluk, Madurai District, scheduled on 03.05.2015 based on the petitioner's Representation dated 08.04.2015.

For Petitioner : Mr.A.Prasanna Rajadurai for M/s.S.Muthalraj For Respondents : Mr.R.Karthikeyan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the second respondent to grant permission and protection for cultural event namely Adal Padal scheduled to be held on 03.05.2015 in connection with Chitra Festival of "Sri Hariyammal Alagar Kovil", Usilampatty Taluk, Madurai 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 Chitra festival of "Sri Hariyammal Alagar Kovil", Usilampatty Taluk, Madurai District is being conducted by the Allikundam Friends Association and this year also, the devotees jointly decided to conduct the temple festival, with "Aadal Padal programme" on 03.05.2015. In this connection, a representation was given on 08.04.2015 to the respondent police, with a request to grant permission to conduct "Adal Padal Programme" on 03.05.2015, 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 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 Chitra Festival of "Sri Hariyammal Alagar Kovil", Usilampatty Taluk, Madurai District.

6. Accordingly, the Writ Petition is disposed of with the following directions:

(a) The cultural programme in connection with Chitra Festival of "Sri Hariyammal Alagar Kovil", at Allikundam Water Tank Public stage, Usilampatty Taluk, Madurai District, be held on 03.05.2015 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(T & P) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Sub-Inspector of Police, Sedappatty Police Station, Madurai District.

3.The Special Government Pleader, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.Na.Palaniyandi, Advocate, in SR. No.19202. W.P(MD)No.5751 of 2015 16.04.2015 pjl/ps msm 17.04.2015 p3/5c(IT)