V.Elumalai, v. The Supdt. Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.05.2015

CORAM:

THE HONOURABLE Ms.JUSTICE V.M.VELUMANI Writ Petition(MD)No.8568 of 2015 V.Elumalai ... Petitioner Vs

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

2. The Sub-Inspector of Police, Ethakovil O.P, Andipatti Taluk, Theni 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, calling for the records relating to the impugned proceeding dated 23.05.2015 of the second respondent and to quash the same, consequently directing the second respondent to grant permission and necessary protection to perform the cultural programme(ie.,) Adal Padal on 29.05.2015 at 07.00P.M. In the eve of Arulmighu Sri Muthalamman Kovil at Ethakovil, Andipatti Taluk, Theni District.

For Petitioner : Mr.C.Bethanasamy For Respondents : Mr.M.Murugan Government Advocate

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding dated 23.05.2015 of the second respondent and to quash the same, consequently directing the second respondent to grant permission and necessary protection to perform the cultural programme(ie.,) Adal Padal on 29.05.2015 at 07.00P.M. In the eve of Arulmighu Sri Muthalamman Kovil at Ethakovil, Andipatti Taluk, Theni District.

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 Ethakovil village and every year "Arulmighu Sri Muthalamman 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 Cultural Programme" on 29.05.2015. In this connection, a representation was given on 23.05.2015 to the second respondent police, with a request to grant permission to conduct "Adal Padal Cultural 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 Cultural Programme' in connection with the temple festival of " "Arulmighu Sri Muthalamman Kovil" situated at Ethakovil, Andipatti Taluk, Theni District, however, with the following conditions:- (a) The "Adal Padal Cultural Programme" in connection with temple Festival situated at "Arulmighu Sri Muthalamman Kovil" Ethakovil, Andipatti Taluk, Theni District be held on 29.05.2015 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/- vacation Officer/Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To

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

2. The Sub-Inspector of Police, Ethakovil O.P, Andipatti Taluk, Theni District.

+1cc to Mr. C.Bethanasamy, Advocate Sr.No.26336 pmu/pjl AA/27.05.2015/3p- 4c/ W.P(MD)No.8568 of 2015 27.05.2015