S.Sankili v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2015
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD)No.6895 of 2015 S.Sankili S/o.Sevathi Veeran ... Petitioner Vs.
1.The Superintendent of Police, Madurai District, Madurai.
2.The Sub Inspector of Police, Thirupparankundram Police Station, Madurai, Madurai District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent in his proceedings dated 20.4.2015 and quash the same as illegal and consequently directing the 2nd respondent to grant permission to conduct Adalum Padal programme to be conducted on 10.5.2015 from 6.00 pm to 10.00 pm in pursuant to Chithirai Mullaippari festival of Arulmigu Sri Karumariamman Karuppasamy Temple, Old Vilacheri Road, Ambedkar Nagar, Pasumalai, Madurai District. For Petitioner ...
Mr.N.Mariappan For Respondents ...
Mr.R.Karthikeyan Addl. Government Pleader
ORDER
The writ petition has been filed praying this Court for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent in his proceedings dated 20.4.2015 and quash the same as illegal and consequently directing the 2nd respondent to grant permission to conduct Adalum Padal programme to be conducted on 10.5.2015 from 6.00 pm to 10.00 pm in pursuant to Chithirai Mullaippari festival of Arulmigu Sri Karumariamman Karuppasamy Temple, Old Vilacheri Road, Ambedkar Nagar, Pasumalai, Madurai District.
2.By consent, the writ petition itself is taken up for final disposal. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
4.In the affidavit, it has been stated that the Petitioner is a resident of Old Vilacheri Road, Ambedkar Nagar, Pasumalai, Madurai District and he is the member of Temple Festival Committee and every year the villagers used to celebrate Thiruvizha in the Tamil month of Chithirai. In this year also, the villagers have decided to celebrate the said festival on 10.5.2015. Along with other poojas, the villagers have decided to play cultural programme on 10.5.2015. In this connection, a representation was given on 20.04.2015 to the respondents police, with a request to grant permission to conduct "Adal Padal Programme" on 10.5.2015, however 2nd respondent declined to grant permission 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.
5. 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.
6. 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 Chithirai Mullaippari festival of Arulmigu Sri Karumariamman Karuppasamy Temple, Old Vilacheri Road, Ambedkar Nagar, Pasumalai, Madurai District.
7. Accordingly, the Writ Petition is disposed of with the following directions:
(a) The cultural programme in connection with temple Festival on the eve of Chithirai Mullaippari festival of Arulmigu Sri Karumariamman Karuppasamy Temple, Old Vilacheri Road, Ambedkar Nagar, Pasumalai, Madurai District to be held on 10.5.2015 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 /True copy/ sub Assistant Registrar(c.s) To 1.The Superintendent of Police, Madurai District, Madurai.
2.The Sub Inspector of Police, Thirupparankundram Police Station, Madurai, Madurai District.
+1cc to M/S.N.Mariappan, Advocate in SR.No. 23431 ses IT TS/30.04.2015/2P-4C W.P(MD)No.6895 of 2015 28.4.2015