Thavasu Nathan v. The Superintendent 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.7795 of 2015 Thavasu Nathan ... Petitioner Vs.
1. The Superintendent of Police, Sivagangai District.
2. The Inspector of Police, Ulagampatty Police Station, Sivagangai 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 herein to give permission and protection for Munnodi Karuppar Thirukovil at Manthakudipatty, Thiruppathur Taluk, Sivagangai District Temple's 'Kumba Abisekam' festival and Adal Padal dancing programme on 11.05.2015.
For Petitioner : Mr.R.Jegadeeswaran 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 herein to give permission and protection for Munnodi Karuppar Thirukovil at Manthakudipatty, Thiruppathur Taluk, Sivagangai District Temple's 'Kumba Abisekam' festival and Adal Padal dancing programme on 11.05.2015.
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 resident of Manthakudipatty Village, Thiruppathur Taluk, Sivagangai District and in our village, there is a temple viz., Arulmigu Munnodi Karuppar Thirukovil is situated and every year "Pongal Festival" is being conducted by the villagers and this year 'Kumba Abisekam' commences on 29.04.2015 with "Aadal Padal programme" on 11.05.2015. In this connection, a representation was given on 29.04.2015 to the respondents, with a request to grant permission to conduct "Adal Padal Programme" on 11.05.2015, 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 "Kumba Abisekam Festival" at Arulmigu Munnodi Karuppar, Manthakudipatty, Thiruppathur Taluk, Sivagangai 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 Munnodi Karuppar Thirukovil, Manthakudipatty, Thiruppathur Taluk, Sivagangai District be held on 11.05.2015 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 (Crl.side) /True copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Sivagangai District.
2. The Inspector of Police, Ulagampatty Police Station, Sivagangai District.
+1cc to MR.R.JEGADEESWARAN, ADVOCATE IN SR : 24044 +1CC TO THE SPECIAL GOVERNMENT PLEADER, IN SR : 24906 Akv SR : 07.05.2015 : 3p/5c : [IT] W.P(MD)No.7795 of 2015 30.04.2015