Rama.Arunagiri, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2015
CORAM:
THE HONOURABLE MR.JUSTICE V.S.RAVI W.P(MD)No.8042 of 2015 Rama.Arunagiri ... Petitioner Vs.
1. The Superintendent of Police, Sivagangai District, Sivagangai.
2. The Inspector of Police, Singambuneri Police Station, Singambuneri, Sivagangai District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, directing to call for the records pursuant to the impugned order of the second respondent in letter dated 07.05.2015 and quash the same and consequently direct the respondents to grant permission to perform the cultural programmes in the eve of Sri Sevugaperumal Ayyanar Temple festival situated at Singampunari Village, Sivagangai District for the period from 24.05.2015 to 02.06.2015.
For Petitioner : Mrs.Lakshmi Gopinathan For Respondents : Mr.R.Raja Karthikeyan Additional Government Pleader assisted by Mr.A.P.Balasubramani Government Advocate(Crl.Side)
ORDER
This writ petition has been filed seeking for issuance of writ of Certiorarified Mandamus, directing to call for the records pursuant to the impugned order of the second respondent in letter dated 07.05.2015 and quash the same and consequently direct the respondents to grant permission to perform the cultural programmes in the eve of Sri Sevugaperumal Ayyanar Temple festival situated at Singampunari Village, Sivagangai District for the period from 24.05.2015 to 02.06.2015.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and also perused the materials on record.
3.Learned counsel for the petitioner would submit that the petitioner is the resident of Singambuneri village 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 'Adal Padal cultural programme from 24.05.2015 to 02.06.2015. In this connection, a representation has been received on 30.04.2015 to the second respondent, with a request to grant permission to conduct 'Adal Padal Cultural Programme from 24.05.2015 to 02.06.2015. However, order has been passed by the second 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.RajaKarthikeyan, 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.Further, it is also brought to the information of this Court that already the Hon'ble Division Bench in W.P.No.4831 of 2015 in the case of Muthupandi Vs. Deputy Superintendent of Police, Madurai District, Madurai by order dated 01.04.2015 has granted permission for conducting cultural programme relating to the temple festival with conditions and also in W.P.(MD)No.6207 of 2015 by order dated 23.04.2015 in the case of Karuppaiya Vs. Superintendent of Police, Pudukottai District and in the case of Saravanan Vs. Superintendent of Police, Dindigul District in W.P.No.9305 of
2014 by order dated 16.06.2014, this Court has passed an order granting permission for the cultural event with conditions. Accordingly, it has been requested that appropriate orders may be passed in the present case also following the above said judgments of this Court.
6.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 the impugned order has been passed by the second respondent is set aside and necessary permission shall be granted to the petitioner and his villagers to conduct 'Adal Padal cultural programme' in connection with "Sri Sevugaperumal Ayyanar Temple" situated at Singampunari Village, Sivagangai District, from 24.05.2015 to 02.06.2015 between 6.00 p.m. and 10.30 p.m., however, with the following conditions.
7.Accordingly, the writ petition is disposed of with the following directions:- (a)The cultural programme in connection with "Sri Sevugaperumal Ayyanar Temple" situated at Singampunari Village, Sivagangai District festival be held from 24.05.2015 to 02.06.2015 between 6.00 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)The cultural programme should be celebrated in a lawful and peaceful manner, and also with decency. (h)The entire cultural programme should be celebrated without any obscenity or vulgarity, when the said cultural programme is performed in the public.
(i) 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 (j)Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time. (k)The second respondent is directed to issue necessary permission, incorporating the above conditions. No order as to costs.
Sd/- Assistant Registrar \\True copy\\ Sub Assistant Registrar 20.05.2015 pmu Note : Issue copy on 22.05.2015 To
1. The Superintendent of Police, Sivagangai District, Sivagangai.
2. The Inspector of Police, Singambuneri Police Station, Singambuneri, Sivagangai District.
1CC TO POLEX LEGAL SOLUTIONS 25802 1CC TO THE SPL GP 26099 dm W.P(MD)No.8042 of 2015 --.05.2015