M.Sakthivel, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2015
CORAM:
THE HONOURABLE MR.JUSTICE V.S.RAVI W.P(MD)No.8513 of 2015 M.Sakthivel ... Petitioner Vs.
The Inspector of Police, F1-Police Station, Perayur, Madurai District.
... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records of the respondent, dated 19.05.2015 that pertains to rejection of permission to conduct Adal Padal dance programme on 27.05.2015 during Temple festival for the deity Sri Kaliamman, P.Thambipatti Village and quash the same as illegal and unconstitutional, consequently, direct the respondent to grant permission for conducting Adal Padal dance programme on 27.05.2015 at Tambipatti Village on the occasion of Sri Kaliamman Temple festival.
For Petitioner : Mr.S.Balamurugan For Respondent : Mr.A.Muthukaruppan Additional Government Pleader
ORDER
This writ petition has been filed seeking for issuance of writ of Certiorarified Mandamus, to call for the records of the respondent, dated 19.05.2015 that pertains to rejection of permission to conduct Adal Padal dance programme on 27.05.2015 during Temple festival for the deity Sri Kaliamman, P.Thambipatti Village and quash the same as illegal and unconstitutional, consequently, direct the respondent to grant permission for conducting Adal Padal dance programme on 27.05.2015 at Tambipatti Village on the occasion of Sri Kaliamman Temple festival. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent and also perused the materials on record.
3.Learned counsel for the petitioner would submit that the petitioner is the resident of Thambipatti Village and in their village there is a temple called Sri Kaliamman, P.Thambipatti 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 cultural programme ie., 'Adal Padal' on 27.05.2015. In this connection, a representation has been given on 19.05.2015 to the respondents, with a request to grant permission to conduct cultural programme ie., 'Adal Padal' on 27.05.2015. However, an order dated 19.05.2015 has been passed by the 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.A.Muthukaruppan, 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 respondent, this Court is of the view that the impugned order dated 19.05.2015 passed by the respondent is set aside and necessary permission shall be granted to the petitioner and his villagers to conduct cultural programme ie., Adal Padal in connection with Sri Kaliamman Kovil situated at P.Thambipatti Village on 27.05.2015 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 dance programme in connection with Sri Kaliamman Kovil situated at P.Thambipatti Village festival to be held on 27.05.2015 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 respondent is directed to issue necessary permission, incorporating the above conditions.
No order as to costs.
Sd/- Assistant Registrar(CO) /True Copy/ Sub- Assistant Registrar To The Inspector of Police, F1-Police Station, Perayur, Madurai District.
+1cc to Mr.S.Balamurugan, Advocate in SR.No. 26234 ps/pmu Sm:25.05.2015:3P/3C W.P(MD)No.8513 of 2015