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Madras High CourtWP(MD)/8676/2015disposed of

S. Muthumayan, v. The Superintendent Of Police

2015-06-02Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No. 8676 of 2015 S. MUTHUMAYAN ... PETITIONER Vs.

1 THE SUPERINTENDENT OF POLICE, MADURAI.

2 THE SUB INSPECTOR OF POLICE , SEDAPATTY POLICE STATION, SEDAPATTY, PERAIYUR TALUK, MADURAI DISTRICT. ... RESPONDENTS Prayer:

Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the 2nd respondent to grant permission and protection to conduct "Once More Keerthana Programe" in front of the "Kaliamman Temple" at Sedapatty Village on 05.06.2015 between 07.00 P.M. to 10.00 P.M. and "Valli Thirumanam Drama" on 07.06.2015 at 10.00 P.M.

For Petitioner : Mr. S.Natesh Rajaa For Respondents : Mr. S.Kumar Additional Government Pleader

O R D E R

This writ petition has been filed seeking for the issuance of Writ of Mandamus, directing the 2nd respondent to grant permission and protection to conduct "Once More Keerthana Programe" in front of the "Kaliamman Temple" at Sedapatty Village on 05.06.2015 between 07.00 P.M. to 10.00 P.M. and "Valli Thirumanam Drama" on 07.06.2015 at 10.00 P.M.

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 Sedapatty 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 "Once More Keerthana Programe" on 05.06.2015 and "Valli Thirumanam Dance" on 07.06.2015. In this connection, a representation was given on 15.05.2015 to the respondent police, with a request to grant permission to conduct the said Programmes on 05.06.2015 and 07.06.2015, 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 https://hcservices.ecourts.gov.in/hcservices/

untoward incident by the people of the village.

4. Mr. S.Kumar, 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 Government Advocate appearing for the respondents, this court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct "Once More Keerthana Dance Programe" on 05.06.2015 and "Valli Thirumanam Drama" on 07.06.2015 in connection with the temple festival of "Kaliamman Temple" at Sedapatty Village.

6. Accordingly, the writ petition is disposed of with the following directions:

(a) The cultural programmes in connection with temple Festival of "Kaliamman Temple" at Sedapatty Village, be held on 05.06.2015 and 07.06.2015 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(AS) \\True copy\\ Sub Assistant Registrar To 1 THE SUPERINTENDENT OF POLICE,MADURAI.

2 THE SUB INSPECTOR OF POLICE,SEDAPATTY POLICE STATION, SEDAPATTY, PERAIYUR TALUK,MADURAI DISTRICT.

+1cc TO THE SPECIAL GOVERNMENT PLEADER SR.NO.27037 W.P(MD)No.8676 of 2015 pjl NA/AMF/03/06/2015/P2/4C(IT) https://hcservices.ecourts.gov.in/hcservices/