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Madras High CourtWP(MD)/8722/2015disposed of

R.Alagesan 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. 8722 of 2015 R.Alagesan ... Petitioner Vs.

1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District. ... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the 2nd respondent to grant permission with police protection to perform the Dance Program dated 06.06.2015 at 7.00pm conducted by "Sri Kaliyamman Thirukkoil" situated at Krishnapuram Village, Periyakulam Taluk, Theni District within the limits of the 2nd respondent Police Station and such further other orders.

For Petitioner : M/s. P.Muthuvijayapandian 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 with police protection to perform the Dance Program dated 06.06.2015 at 7.00pm conducted by "Sri Kaliyamman Thirukkoil" situated at Krishnapuram Village, Periyakulam Taluk, Theni District.

2. Mr. S.Kumar, learned additional Government Pleader takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for disposal at the stage of admission.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4. Learned counsel for the petitioner would submit that the petitioner is the president of Vizha Committee of "Sri Kaliyamman Thirukkoil" situated at Krishnapuram Village, Periyakulam Taluk, Theni 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 "Adal Padal" programme on 06.06.2015. In this connection, a representation was given on 26.05.2015 to the

respondent police, with a request to grant permission to conduct the said Programme on 06.06.2015, 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 untoward incident by the people of the village.

5. 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.

6. 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 "Adal Padal" programme on 06.06.2015 in connection with the temple festival of "Sri Kaliyamman Thirukkoil" situated at Krishnapuram Village, Periyakulam Taluk, Theni District

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

(a) The cultural programmes in connection with the temple Festival of "Sri Kaliyamman Thirukkoil" situated at Krishnapuram Village, Periyakulam Taluk, Theni District, be held on 06.06.2015 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(T & P) \\True copy\\ Sub Assistant Registrar

To 1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

+1cc TO M/S.P.MUTHUVIJAYAPANDIAN, ADVOCATE SR.NO.26805 +1cc TO THE SPECIAL GOVERNMENT PLEADER SR.NO.27063 W.P(MD)No.8722 of 2015 PJL NA/03/06/2015/P3/5C