Arularasan, v. The Sub Inspector 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.8604 of 2015 Arularasan ... Petitioner Vs.
The Sub Inspector of Police, Chinnalapatti Police Station, Chinnalapatti, Dindigul District. ... Respondent 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 records pertaining to impugned proceedings of the Respondent in C.No.57/Forcaste/E3PS/2015 dated 18.05.2015 and quash the same as illegal and consequently direct the respondent herein to grant permission to the petitioner to conduct Adal Padal Programme in Thottuperumal, Sri Karuppanasamy, Sri Silakkariamman Temple at Kalikkampatti, Chinnalapatti, Athoor Taluk, Dindigul District as per the schedule dated 28.05.2015.
For Petitioner : Mr.J.Lawrance For Respondents : Mr.M.Murugan Government Advocate
O R D E R
This Writ Petition has been filed seeking for the issuance of Writ of Certiorarified Mandamus, to call for records pertaining to impugned proceedings of the Respondent in C.No.57/Forcaste/E3PS/2015 dated 18.05.2015 and quash the same as illegal and consequently direct the respondent herein to grant permission to the petitioner to conduct Adal Padal Programme in Thottuperumal, Sri Karuppanasamy, Sri Silakkariamman Temple at Kalikkampatti, Chinnalapatti, Athoor Taluk, Dindigul District as per the schedule dated 28.05.2015.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
3. Learned counsel for the petitioner would submit that the petitioner is the trustee of Thottuperumal, Sri Karuppanasamy, Sri Silakkariamman Temple at Kalikkampatti, Chinnalapatti, Athoor Taluk, Dindigul District 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 "Aadal Padal programme" on 28.05.2015. In this connection, a representation was given on 18.05.2015 to the respondent police, with a request to grant permission to conduct "Adal Padal Programme". The respondent has passed an impugned order https://hcservices.ecourts.gov.in/hcservices/
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. From the order passed by the respondent there was no indication that law and order problem would be arisen. It is for the 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 "Thottuperumal, Sri Karuppanasamy, Sri Silakkariamman Temple" at Kalikkampatti, Chinnalapatti, Athoor Taluk, Dindigul District, however, with the following conditions:- (a) The cultural programme in connection with temple Festival of "Thottuperumal, Sri Karuppanasamy, Sri Silakkariamman Temple" situated at Kalikkampatti, Chinnalapatti, Athoor Taluk, Dindigul District be held on 28.05.2015 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 respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
Sd/- Assistant Registrar(Writ) \\True copy\\ Sub Assistant Registrar To The Sub Inspector of Police,Chinnalapatti Police Station, Chinnalapatti, Dindigul District.
+1cc to MR.J.LAWRANCE, ADVOCATE SR.NO.26407 Writ Petition(MD)No.8604 of 2015 27.05.2015 https://hcservices.ecourts.gov.in/hcservices/ PJ1 NA/IV/27/05/2015/P2/3C