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Madras High CourtWP(MD)/6212/2015disposed of

S.Sankareswaran, v. The Supdt. Of Police,

2015-04-22Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.6212 of 2015 S.Sankareswaran ... Petitioner Vs

1. The Superintendent of Police, O/o. Superintendent of Police, Virudhunagar District.

2. The Inspector of Police, Alangulam Police Station, Virudhunagar 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 respondents herein to consider the representation of the petitioner dated 15.04.2015 and thereby grant permission and police protection to conduct the "Adal Padal Prgramme" to be held on 10.05.2015 and 13.05.2015 at about 07.00PM for the temple festival of "Parasakthi Mariamman Pathirakaliamman Kovil in their locality."

For Petitioner : Mr.R.Venkatesan for M/s. Right Law Associates 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 respondents herein to consider the representation on 15.04.2015 and thereby grant permission and police protection to conduct the "Adal Padal Prgramme" to be held on 10.05.2015 and 13.05.2015 at about 07.00PM for the temple festival of "Parasakthi Mariamman Pathirakaliamman Kovil."

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 the petitioner is the resident of Sundakulam and every year "Parasakthi Mariamman Pathirakaliamman Kovil" festival 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 10.05.2015 and 13.05.2015. In this connection, a representation was given on 15.04.2015 to the respondent police, with a request to grant permission to conduct "Adal Padal Programme" on 10.05.2015 and 13.05.2015 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 temple festival of "Parasakthi Mariamman Pathirakaliamman Kovil", Sundagulam, Alangulam, Sivakasi Taluk, Virudhunagar District.

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

(a) The cultural programme in connection with temple Festival at "Parasakthi Mariamman Pathirakaliamman Kovil", "Chithirai Festival" at Sundagulam, Alangulam, Sivakasi Taluk, Virudhunagar District be held on 10.05.2015 and 13.05.2015 between 06.00p.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(Crl.Side) /True Copy/ Sub-Assistant Registrar To

1. The Superintendent of Police, O/o. Superintendent of Police, Virudhunagar District.

2. The Inspector of Police, Alangulam Police Station, Virudhunagar District.

+1cc to Mr.R.Senthilkumar, Advocate, in SR. No.21257. +1cc to Special Government Pleader, in SR No.21318. W.P(MD)No.6212 of 2015 22.04.2015 pmu/akv msm 30.04.2015 p3/5c(IT)