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Madras High CourtWP(MD)/7243/2015disposed of

K.Rajaguru v. The Superintendent Of Police

2015-04-30Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.7243 of 2015 K.Rajaguru ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Deputy Superintendent office, Rajapalayam, Virudhunagar District.

3. The Sub Inspector of Police, Keelarajakularaman Police Station, Keelarajakularaman, Virudhunagar 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 to grant permission and necessary protection to perform the cultural programme (i.e.) Adal Padal on 06.05.2015 at 8.00 p.m. in the eve of Arulmighu Kaliamman Kovil "Pongal Thiruvizha" at Gopalapuram Village, Rajapalayam Taluk, Virudhunagar District.

For Petitioner : Mr.G.Marimuthu For Respondents : Mr.R.Karthikeyan, Additional Government Pleader

O R D E R

The Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondents to grant permission and necessary protection to perform the cultural programme (i.e.) Adal Padal on 06.05.2015 at 8.00 p.m. in the eve of Arulmighu Kaliamman Kovil "Pongal Thiruvizha" at Gopalapuram Village, Rajapalayam Taluk, Virudhunagar District.

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

3. The learned counsel for the petitioner would submit that there are around 200 families living in our village and there is a famous temple viz., Arulmighu Kaliamman Kovil and they decided to celebrate Ponal Thiruvizha with "Aadal Padal programme" on 05.05.2015 and 06.05.2015. In this connection, a representation was given on 25.04.2015 to the third respondent, with a request to grant permission to conduct "Adal Padal Programme" on 06.05.2015, however no order was passed by the third 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 "Adal Padal programme" in connection with "Pongal Thiruvizha" of Arulmighu Kaliamman Kovil at Gopalapuram Village, Rajapalayam Taluk, Virudhunagar District.

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

(a) The cultural programme in connection with the Pongal Thiruvizha at Arulmighu Kaliamman Kovil at Gopalapuram Village, Rajapalayam Taluk, Virudhunagar District be held on 06.05.2015 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 third respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

Sd/- Assistant Registrar(T & P) /True Copy/ Sub-Assistant Registrar To

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

2. The Deputy Superintendent of Police, Deputy Superintendent office, Rajapalayam, Virudhunagar District.

3. The Sub Inspector of Police, Keelarajakularaman Police Station, Keelarajakularaman, Virudhunagar District.

+1cc to Mr.G.Marimuthu, Advocate, in SR. No.24447. W.P(MD)No.7243 of 2015 30.04.2015 akv msm 30.04.2015 p3/5c(IT)