K. Subramanian, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2015
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD)No.9061 of 2015 K.Subramanian ... Petitioner Vs.
The Inspector of Police, Sudhamalli Police Station, Tirunelveli District.
... Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the Respondent to grant permission and protection for cultural event namely "Vadipatti Melam" and "Karagattam"scheduled to be held on 09.06.2015 at night in connection with "Kodai Vizha"in Arulmighu Sri Ulagamman Kovil at Mela Kallur, Tirunelveli District.
For Petitioner : M/s.P.T.Ramesh Raja For Respondent : Mr.R.Karthikeyan, Additional Government Pleader.
O R D E R
The writ petition has been filed praying this Court for issuance of a Writ of Mandamus, to direct the Respondents to grant permission and protection for cultural event namely "Vadipatti Melam" and "Karagattam"scheduled to be held on 09.06.2015 at night in connection with "Kodai Vizha"in Arulmighu Sri Ulagamman Kovil at Mela Kallur, Tirunelveli District.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.
3. The learned counsel appearing for the petitioner would submit that the petitioner is the member of the Vizha Committee of Arulmighu Sri Ulagamman Kovil at Mela Kallur, Tirunelveli 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 "Vadipatti Melam" and "Karagattam" on 09.06.2015. In this connection, a representation was given on 03.06.2015 to the respondent police, with a request to grant permission to conduct "Vadipatti Melam" and "Karagattam" on 09.06.2015, however no order was passed by the respondent 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.
4. The only objection raised on behalf of the respondent is that already permission was granted for "Vadipatti Melam" and "Karagattam" by some other person.
5. This cannot be a ground to reject the request made, merely because, permission is granted to somebody else for the same and that it will create law and order problem and accordingly, the Writ Petition is disposed of with the following directions:
(a) The "Vadipatti Melam" and "Karagattam" cultural programme in connection with "Kodai Vizha" Festival, at Arulmighu Sri Ulagamman Kovil at Mela Kallur, Tirunelveli District be held on 09.06.2015 and so far as the time for cultural programme/Karagattam is concerned, it is for the respondent to fix the same.
(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(T&P) /True copy/ Sub Assistant Registrar pmu To The Inspector of Police, Sudhamalli Police Station, Tirunelveli District.
+1cc to MR.P.T.RAMESH RAJA, ADVOCATE IN SR NO.28278 W.P(MD)No.9061 of 2015 05.06.2015 RG.08.06.2015 3P/3C