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Madras High CourtWP(MD)/6856/2015disposed of

Karuppiah v. The Superintendent Of Police

2015-04-27Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.P.(MD)No.6856 of 2015 Karuppiah ... Petitioner Vs.

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

2.The Inspector of Police, Saptur 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 respondents herein to grant permission and to provide police protection to conduct the "Aadalum Paadalum" dance programme on 29.4.2015 from 8.00 p.m to 12.00 p.m in pursuant to the 'Chithirai Thiruvizha' of Sree Mariamman Thirukoil, V.Ramasamiyapuram, Peraiyur Taluk, Madurai District, by considering the petitioner's representation dated 24.4.2015. For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.R.Karthikeyan, AGP

O R D E R

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondents herein to grant permission and to provide police protection to conduct the "Aadalum Paadalum" dance programme on 29.4.2015 from 8.00 p.m to 12.00 p.m in pursuant to the 'Chithirai Thiruvizha'

of Sree Mariamman Thirukoil, V.Ramasamiyapuram, Peraiyur Taluk, Madurai District, by considering the petitioner's representation dated 24.4.2015.

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 the petitioner is the member of the vizha committee of Arulmigu Sree Mariamman Thirukoil, V.Ramasamiyapuram, Peraiyur Taluk, Madurai District and every year temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival with "Aadalum Paadalum" dance programme on 29.4.2015. In this connection, a representation was given on 24.4.2015 to the respondents police, with a request to grant permission to conduct the above said programme on the said date, 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 https://hcservices.ecourts.gov.in/hcservices/

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 Padal dance programme" in connection with the above said temple festival.

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

(a) The Aadal Padal dance programme in connection with temple Festival at Sree Mariamman Thirukoil, V.Ramasamiyapuram, Peraiyur Taluk, Madurai District to be held on 29.04.2015 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(AS) /True copy/ Sub Assistant Registrar nbj To 1.The Superintendent of Police,Madurai District,Madurai. 2.The Inspector of Police,Saptur Police Station,Madurai District. +1cc to Mr.D.Rameshkumar,Advocate in sr No.22604 W.P(MD)No.6856 of 2015 27.04.2015 rg.27.04.2015 2p/4c https://hcservices.ecourts.gov.in/hcservices/