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Madras High CourtWP(MD)/7282/2015disposed of

S.Murugan v. The Superintendent Of Police

2015-04-29Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.7282 of 2015 S.Murugan ... Petitioner Vs.

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

2. The Inspector of Police, Koodalur Police Station, Theni District.

3. The Sub-Inspector of Police, Lower Camp Police Station, Koodalur Circle, Theni District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to grant permission and necessary police protection to perform the cultural programme (ie.,) Adal Padal on 13.05.2015 at 6.00 p.m. to 10.30 p.m. in the eve of Arulmighu Sri Muthumariamman Kovil Thiruvizha at Umaiyathevar Thozhu Village, Uthamapalayam Taluk, Theni District. For Petitioner : Mr.V.Manikandan For Respondents : Mr.R.Karthikeyan Addl. Government Pleader

O R D E R

This writ petition has been filed seeking for the issuance of Writ of Mandamus to direct the respondents to grant permission and necessary police protection to perform the cultural programme (ie.,) Adal Padal on 13.05.2015 at 6.00 p.m. to 10.30 p.m. in the eve of Arulmighu Sri Muthumariamman Kovil Thiruvizha at Umaiyathevar Thozhu Village, Uthamapalayam Taluk, Theni 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 the petitioner is the Member of Festival Committee of Arulmighu Sri Muthumariamman Kovil at Umaiyathevar Thozhu Village, Uthamapalayam Taluk, Theni 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 "Aadal Padal programme" on 13.05.2015. In this connection, a representation was given on 27.04.2015 to the third respondent, with a request to grant permission to conduct "Adal Padal Programme" on 13.05.2015, 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.

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 the Arulmighu Sri Muthumariamman Kovil at Umaiyathevar Thozhu Village, Uthamapalayam Taluk, Theni District.

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

(a) The cultural programme in connection with the temple Festival at Arulmighu Sri Muthumariamman Kovil at Umaiyathevar Thozhu Village, Uthamapalayam Taluk, Theni District be held on 13.05.2015 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 second respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

Sd/- Assistant Registrar(AE) /True copy/ sub Assistant Registrar akv To

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

2. The Inspector of Police, Koodalur Police Station, Theni District.

3. The Sub-Inspector of Police, Lower Camp Police Station, Koodalur Circle, Theni District.

+1cc to MR.V.MANIKANDAN,ADVOCATE IN SR NO.23916 +1CC TO SPECIAL GOVERNMENT PLEADER IN SR NO.24733 W.P(MD)No.7282 of 2015 29.04.2015 RG.08.05.2015 3P/6C