P.Palaniappan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2015
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD)No.7212 of 2015 P.Palaniappan ... Petitioner Vs.
1.The Superintendent of Police, Trichy District, Trichy.
2.The Sub Inspector of Police, Thottiyam Police Station, Thottiyam, Trichy District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Writ of Mandamus directing the respondents to grant permission and protection for Adal Padal Program in "Thiruvizha" scheduled to be held on 29.04.2015 at Arulmigu Sri Mariamman Thirukovil at P.Krishnapuram Kuditheru, Arangur Post, Thoottiyam Taluk, Trichy District and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.
For Petitioner ...
Mr.R.Karthik Rajan For Respondents ...
Mr.R.Karthikeyan, Addl.Government Pleader
ORDER
The writ petition has been filed praying this Court for issuance of a Writ of Mandamus directing the respondents to grant permission and protection for Adal Padal Program in "Thiruvizha" scheduled to be held on 29.04.2015 at Arulmigu Sri Mariamman Thirukovil at P.Krishnapuram Kuditheru, Arangur Post, Thoottiyam Taluk, Trichy 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 P.Krishnapuram Kuditheru, Arangur Post, Thottiyam Taluk, Trichy District, and every year the villagers used to celebrate Thiruvizha. In this year also, the villagers have decided to celebrate the said festival on 28.04.2015 to 30.04.2015. Along with other poojas, the villagers have decided to play cultural programmes on 29.04.2015. In this connection, a representation was given on 24.04.2015 to the respondent police, with a request to grant permission to conduct "Adal Padal Programme" on 29.04.2015, 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. 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 Program in "Thiruvizha" scheduled to be held on 29.04.2015 at Arulmigu Sri Mariamman Thirukovil at P.Krishnapuram Kuditheru, Arangur Post, Thoottiyam Taluk, Trichy 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 "Thiruvizha" scheduled to be held on 29.04.2015 at Arulmigu Sri Mariamman Thirukovil at P.Krishnapuram Kuditheru, Arangur Post, Thoottiyam Taluk, Trichy District, be held on 29.4.2015 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(Writs) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police,Trichy District, Trichy. 2.The Sub Inspector of Police,Thottiyam Police Station, Thottiyam, Trichy District.
+1cc to Mr.R.KARTHIC RAJAN, Advocate, in SR. No. 23742 W.P(MD)No. 7212 of 2015 29.04.2015 ses msm 29.04.2015 p3/4c(IT)