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Madras High CourtWP(MD)/8721/2015disposed of

P. Chinnasamy, v. The Superintendent Of Police,

2015-06-02Honourable Mr Justice M.M.Sundresh3 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. 8721 of 2015 and M.P.(MD).No.1 of 2015 P.CHINNASAMY ... PETITIONER Vs.

1 THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT.

2 THE SUB INSPECTOR OF POLICE, CHINNALAPATTY POLICE STATION, DINDIGUL DISTRICT.

... RESPONDENTS Prayer:

Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the rejection order of the 2nd respondent in 64/Forecase/Mike/E3P5/2015 dated 30.05.2015 and quash the same and consequently direct the respondents to grant permission and protection for cultural programme in connection with Thiruvizha scheduled to be held on 03.06.2015 at Arulmigu Sri Mariamman Thirukovil at Ambathurai Dindigul District. For Petitioner : Mr.R.Karthic Rajan 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 Certiorarified Mandamus, calling for the records pertaining to the rejection order of the 2nd respondent in 64/Forecase/Mike/E3P5/2015 dated 30.05.2015 and quash the same and consequently direct the respondents to grant permission and protection for cultural programme in connection with Thiruvizha scheduled to be held on 03.06.2015 at "Arulmigu Sri Mariamman Thirukovil" at Ambathurai Dindigul 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 member of temple Festival Committee 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 03.06.2015. In this connection, a representation was given on 03.05.2015 to the respondent police, with a request to grant permission to conduct "Adal Padal Programme" on 03.06.2015. The second respondent has passed an 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 permission if granted likely would lead to law and order problem. 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 "Arulmigu Sri Mariamman Thirukovil" at Ambathurai, Dindigul District.

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

(a) The cultural programme in connection with temple Festival of "Arulmigu Sri Mariamman Thirukovil" at Ambathurai Dindigul District, be held on 03.06.2015 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. Consequently, the connected Miscellaneous Petition is closed.

No costs. Connected MP is Closed.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar PJL To 1 THE SUPERINTENDENT OF POLICE, DINDIGUL DISTRICT.

2 THE SUB INSPECTOR OF POLICE, CHINNALAPATTY POLICE STATION, DINDIGUL DISTRICT.

+1cc to MR.R.KARTHI RAJAN, ADVOCATE IN SR NO. 26880 W.P(MD)No.8721 of 2015 and M.P.(MD).No.1 of 2015 02.06.2015 rg.02.06.2015 3p.4c.