Madras High CourtWP(MD)/5852/2015disposed of

C.Baskar v. The Superintendent Of Police

2015-04-20Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.5852 of 2015 C. Baskar ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District Pudukkottai 2.The Inspector of Police, Gandharvakottai 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 2nd respondent to give permission with protection to conduct the cultural function 'Aadal-Padal' at Kollampatty Public Stage in the connection with Chitrai Full Moon Festival of Arulmigu Sri Sidhi Vinayagar Temple, Kollampatty, Pudukkottai District scheduled on 03.05.2015 based on the petitioner's representation dated 10.04.2015 and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.S. Muthalraj 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 2nd respondent to give permission with protection to conduct the cultural function 'Aadal-Padal' at Kollampatty Public Stage in the connection with Chitrai Full Moon Festival of Arulmigu Sri Sidhi Vinayagar Temple, Kollampatty, Pudukkottai District scheduled on 03.05.2015 based on the petitioner's representation dated 10.04.2015 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 Chitrai Full Moon Festival of Arulmigu Sri Sidhi Vinayagar Temple, Kollampatty, 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 03.05.2015. In this connection, a representation was given on 10.4.2015 to the respondents 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.

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 Chitrai Full Moon Festival of Arulmigu Sri Sidhi Vinayagar Temple, Kollampatty, Pudukkottai District at Kollampaty Public stage.

6.Accordingly, the writ petition is disposed of with the following directions:

(a)The cultural programme at Kollampatty Public Stage in connection Chitrai Full Moon Festival of Arulmigu Sri Sidhi Vinayagar Temple, Kollampatty, Pudukkottai 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(RTI) /True copy/ Sub Assistant Registrar

trp To 1.The Superintendent of Police, Pudukkottai District Pudukkottai 2.The Inspector of Police, Gandharvakottai Police Station, Pudukkottai District +1cc to MR.NA.PALANIYANDI,ADVOCATE IN SR NO.20267 +1cc to Special Government Pleader Sr NO.23074 W.P(MD)No.5852 of 2015 20.04.2015 rg.24.04.2015 3p/c5.