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Madras High CourtWP(MD)/6391/2015disposed of

Jeyapal v. The Inspector Of Police

2015-04-23Honourable Mr Justice M.M.Sundresh2 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.6391 of 2015 Jeyapal ... Petitioner Vs The Inspector of Police, Keeramangalam Police Station, Aranthangi Taluk, Pudukkottai 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 respondents herein to grant permission and police protection to conduct Dance and Song Programme and using Box Speakers from 09.00p.m. to 12.00a.m. in front of the Kaliamman Kovil at (*)Periyalur Village on 04.05.2015, Aranthangi Taluk,, Pudukkottai District. For Petitioner : Mr.RMS.Sethuraman For Respondent : 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 grant permission and police protection to conduct Dance and Song Programme and using Box Speakers from 09.00p.m. to 12.00a.m. in front of the Kaliamman Kovil at (*)Periyalur Village on 04.05.2015, Aranthangi Taluk,, Pudukkottai 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 Car Festival (Therottam) of the Kaliamman Kovil at (*)Periyalur Village, Aranthangi Taluk,, Pudukkottai District is being conducted by the villagers and this year also, the villagers jointly decided to conduct the said Festival, with "Dance and Song programme" on 04.05.2015. In this connection, a representation was given on 18.04.2015 to the respondent police, with a request to grant permission to conduct "Aadal Padal programme" on 04.05.2015, 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.

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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 "Dance and Song programme" in connection with the festival of the Kaliamman Kovil at (*)Periyalur Village, Aranthangi Taluk,, Pudukkottai District.

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

(a) The cultural programme in connection with the festival of the the Kaliamman Kovil at (*)Periyalur Village, Aranthangi Taluk,, Pudukkottai District to be held on 04.05.2015 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(Writs) (*)The name of 'Keeramangalam Village is amended as Periyalur village as per order dt.29.04.2015 and made in WP(MD)6391/15) \\True copy\\ Sub Assistant Registrar To The Inspector of Police,Keeramangalam Police Station,Aranthangi Taluk, Pudukkottai District.

+1CC TO MR.RMS.Sethuraman, Advocate Sr.No.21280 +1cc to the Spl.Govt.Pleader Sr.No.22121 W.P(MD)No.6391 of 2015 23.04.2015 SSL NA/29/04/2015/P2/4C https://hcservices.ecourts.gov.in/hcservices/