P.Thavamani, v. The Supdt. Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2015
CORAM:
THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.8780 of 2015 P.Thavamani ... Petitioner Vs
1. The Superintendent of Police, Madurai, Madurai District.
2. The Sub Inspector of Police, Vikkiramangalam Police Station, Vikkiramangalam, Maduria 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, to call for the records pertaining to the Impugned Order passed by the second respondent in his proceedings in No.16/Mike/G9PS/15 dated 28.05.2015 in so far as rejecting the conduction of Adal Padal Programme at "Arulmighu Sadaiyandi Swami Kovil" situated at S.Krishnapuram, Usilampatti Taluk, Madurai District is concerned and consequently direct the second respondent to grant permission to perform the Adal Padal Programme on 06.06.2015 by providing adequate police protection on that date. For Petitioner : Mr.R.Suresh Kumar For Respondents : Mr.R.Karthikeyan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order passed by the second respondent in his proceedings in No.16/Mike/G9PS/15 dated 28.05.2015 in so far as rejecting the conduction of Adal Padal Programme at "Arulmighu Sadaiyandi Swami Kovil" situated at S.Krishnapuram, Usilampatti Taluk, Madurai District is concerned and consequently direct the second respondent to grant permission to perform the Adal Padal Programme on 06.06.2015 by providing adequate police protection on that date.
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 S.Krishnapuram village and every year "Arulmighu Sadaiyandi Swami Kovil" 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 & 06.06.2015. In this connection, a representation was given on 28.05.2015 to the second respondent, with a request to grant permission to conduct "Adal Padal 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 Programme' in connection with the temple festival of "Arulmighu Sadaiyandi Swami Kovil" situated at S.Krishnapuram, Usilampatti Taluk, Madurai District, however, with the following conditions:- (a) The Dance Programme in connection with temple Festival of "Arulmighu Sadaiyandi Swami Kovil" situated at S.Krishnapuram, Usilampatti Taluk, Madurai 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 /True copy/ Sub Assistant Registrar
To
1. The Superintendent of Police, Madurai, Madurai District.
2. The Sub Inspector of Police, Vikkiramangalam Police Station, Vikkiramangalam, Maduria District.
+1cc to Mr.R.Suresh Kumar, Advocate, in SR. No. 27343 +1cc to Special Government Pleader, in SR No. 27539. TS/05.06.2015/3P-5C W.P(MD)No.8780 of 2015 03.06.2015