P.Thangamuthu, v. The Supdt. Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.7540 of 2015 P.Thangamuthu ... Petitioner Vs

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

2. The Sub-Inspector of Police, Malli Police Station, Virudhunagar District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 24.04.2015 passed by the second respondent and quash the same as illegal and consequently direct the respondents to allow the petitioner to conduct Adal Padal Program in the Sri Manthai Mariyamman Kovil Festival in Ramakrishnapuram Village, Malli Post, Srivilliputhur Taluk, Virudhunagar District on 27.05.2015.

For Petitioner : Mr.S.Alagusundar For Respondents : Mr.R.Karthikeyan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 24.04.2015 passed by the second respondent and quash the same as illegal and consequently direct the respondents to allow the petitioner to conduct Adal Padal Program in the Sri Manthai Mariyamman Kovil Festival in Ramakrishnapuram Village, Malli Post, Srivilliputhur Taluk, Virudhunagar District on 27.05.2015.

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

3. Learned counsel for the petitioner would submit that the petitioner is the resident of Ramakrishnapuram village and every year Sri Manthai Mariyamman Kovil Festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival, with "Adal Padal programme" on 27.05.2015. In this connection, a representation was given on 23.04.2015 to the second respondent police, with a request to grant permission to conduct "Adal Padal Programme". The second respondent has passed impugned order rejecting the petitioner's request 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. The only objection raised is that if permission is granted, it would likely lead to law and order problem. It is for the second respondent to impose any condition to maintain law and order problem. It is not as if there was any prior untoward occurrence in the conduct of the programme.

5. Accordingly, the impugned order is set aside and the Writ Petition is allowed and the petitioner is permitted to conduct 'Adal Padal Programme' in connection with the temple festival of Sri Manthai Mariyamman Kovil, at Ramakrishnapuram Village, Malli Post, Srivilliputhur Taluk, Virudhunagar District however, with the following conditions:- (a) The Dance Programme in connection with temple Festival at Sri Manthai Mariyamman Kovil, at Ramakrishnapuram Village, Malli Post, Srivilliputhur Taluk, Virudhunagar District be held on 27.05.2015 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(CO) /True copy/ Sub Assistant Registrar pmu To

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

2. The Sub-Inspector of Police, Malli Police Station, Virudhunagar District.

+1cc to Mr.S.Alagu Sundar,Advocate in Sr No.24008 W.P(MD)No.7540 of 2015 30.04.2015 rg.30.04.2015 3p/4c