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Madras High CourtWP(MD)/6226/2015disposed of

Alagarsamy v. The Inspector Of Police

2015-04-23Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.6226 of 2015 Alagarsamy ... Petitioner Vs The Inspector of Police, Saptur Police Station, Madurai District.

... Respondent Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to provide adequate police protection to perform Aadal Paadal Programme scheduled to be held on 03.05.2015 between 06.00p.m. to midnight in "Arulmigu Emperumal Swami Chithirai Thiruvizha", Athipatti, Peraiyur Taluk, Madurai District.

For Petitioner : Mr.A.Jayaraman 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 respondent to provide adequate police protection to perform Aadal Paadal Programme scheduled to be held on 03.05.2015 between 06.00p.m. to midnight in "Arulmigu Emperumal Swami Chithirai Thiruvizha", Athipatti, Peraiyur Taluk, Madurai District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

3. Learned counsel for the petitioner would submit that the petitioner is the resident of the above said village and every year the "Chithirai Festival" of "Arulmigu Emperumal Swami Chithirai Thiruvizha", Athipatti, Peraiyur Taluk, Madurai District is being conducted by the villagers and this year also, the villagers jointly decided to conduct the said Festival, with "Aadal Paadal Programme" on 03.05.2015. In this connection, a representation was given on 12.04.2015 to the respondent police, with a request to grant permission to conduct "Aadal Paadal programme" on 03.05.2015, however no order was passed by the respondent 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 "Aadal Paadal Programme" in connection with the festival of "Chithirai Festival" of "Arulmigu Emperumal Swami Chithirai Thiruvizha", Athipatti, Peraiyur Taluk, Madurai District

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

(a) The cultural programme in connection with"Chithirai Festival" of the "Arulmigu Emperumal Swami Chithirai Thiruvizha", Athipatti, Peraiyur Taluk, Madurai District to 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 respondent is directed to issue necessary permission, incorporating the above conditions.

No costs.

Sd/ Assistant Registrar /True copy/ sub Assistant Registrar(c.s)

To The Inspector of Police, Saptur Police Station, Madurai District. +1cc to M/S. CHETTINAD LEGAL SOLATIONS, Advocate in SR.No. 21394 +1cc to Special Government Pleader, Madurai Bench of Madras High Court, Madurai in SR.No 22147. TS/28.04.2015/3P-4C W.P(MD)No.6226 of 2015 23.04.2015