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Madras High CourtWP(MD)/7369/2015disposed of

P. R.A.R.P Manikandan, v. The Inspector Of Police

2015-04-29Honourable Mr Justice M.M.Sundresh2 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.7369 of 2015 P.R.A.R.P.Manikandan

...Petitioner

Vs.

The Inspector of Police, Pattiveeranpatti Police Station, Pattiveeranpatti, Dindigul District.

...Respondent

Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent herein to grant permission and protection to the petitioner to conduct Adal Padal Programme in Arulmigu Sri Mariamman Temple at Pattiveeranpatti Village, Nilakottai Taluk, Dindigul District as per the schedule dated 31.05.2015.

For Petitioner : Mr.J.Lawrance 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 respondent herein to grant permission and protection to the petitioner to conduct Adal Padal Programme in Arulmigu Sri Mariamman Temple at Pattiveeranpatti Village, Nilakottai Taluk, Dindigul District as per the schedule dated 31.05.2015.

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

3. The learned counsel for the petitioner would submit that the petitioner belong to pattiveeranpatti Village, Nilakottai Taluk, Dindigul District and every year in the month of Vaigasi, "Temple Festival" is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival from 31.05.2015 to 02.06.2015 with "Aadal Padal programme" on 31.05.2015. In this connection, a representation was given on 25.04.2015 to the respondent, with a request to grant permission to conduct "Adal Padal Programme" on 31.05.2015, however the respondent has rejected the 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 respondent, 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. https://hcservices.ecourts.gov.in/hcservices/

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 respondent, 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" at Arulmigu Sri Mariamman Temple, Pattiveeranpatti Village, Nilakottai Taluk, Dindigul District.

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

(a) The cultural programme in connection with the temple Festival at Arulmigu Sri Mariamman Temple, Pattiveeranpatti Village, Nilakottai Taluk, Dindigul District be held on 31.05.2015 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 respondent is directed to issue necessary permission, incorporating the above conditions.

No costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To The Inspector of Police, Pattiveeranpatti Police Station, Pattiveeranpatti, Dindigul District.

+1cc to Mr.J.Lawrance, Advocate in SR.24321 +1cc to the Special Government Pleader in SR.24800 W.P(MD)No.7369 of 2015 29.04.2015 akv pbk 08/05/2015 ::2p-4c:

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