K.Arunagiri, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10/6/2015 C O R A M THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No.9302 of 2015 K. Arunagiri ...
Petitioner Vs The Inspector of Police Samayapuram Police Station Samayapuram Trichy District.
...
Respondent Prayer:
Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondent herein to look into the grievance of the petitioner expressed in the representation dated 8/6/2015 and thereby accord permission to conduct "Themmangu Palsuvai Isai Program" and to prove police protection on 14/6/2015 to the village temple, Arulmigu Sri Selvamuthumariamman, Sri Sangilikaruppasamy and Sri Maduraiveeran Kovil Vaikasi Thiruvizzha at Sirumaruthur Village, Lalgudi Taluk, Trichy District.
For Petitioner : Mr.D.Anandan For Respondent : Mr.R.Karthikeyan Addl.Govt.Pleader
O R D E R
This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondent herein to look into the grievance of the petitioner expressed in the representation dated 8/6/2015 and thereby accord permission to conduct "Themmangu Palsuvai Isai Program" and to prove police protection on 14/6/2015 to the village temple, Arulmigu Sri Selvamuthumariamman, Sri Sangilikaruppasamy and Sri Maduraiveeran Kovil Vaikasi Thiruvizzha at Sirumaruthur Village, Lalgudi Taluk, Trichy District. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.
3.Learned counsel for the petitioner would submit that he is the member of the Village Committee of Arulmigu Sri Selvamuthumariamman, Sri Sangilikaruppasamy and Sri Maduraiveeran Kovil Vaikasi Thiruvizha every year and this year also, the villagers jointly decided to conduct the village temple festival from 12/6/2015 to 14/6/2015 with "Themmangu Palsuvai Isai
programme" on 14/6/2015. In this connection, a representation was given to the respondent on 8/6/2015, with a request to grant permission to conduct "Themmangu Palsuvai Isai Programme" on 14/6/2015, 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.Mr.R.Karthikeyan, learned Additional Government Pleader appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order problem 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 Additional Government Pleader appearing for the respondent, this court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'Themmangu Palsuvai Isai programme' in connection with the temple festival of Arulmigu Sri Selvamuthumariamman, Sri Sangilikaruppasamy and Sri Maduraiveeran Kovil Vaikasi Thiruvizzha at Sirumaruthur Village, Lalgudi Taluk, Trichy District. 6.Accordingly, the writ petition is disposed of with the following directions:
(a)The cultural programme in connection with temple Festival at Arulmigu Sri Selvamuthumariamman, Sri Sangilikaruppasamy and Sri Maduraiveeran Kovil Vaikasi Thiruvizzha at Sirumaruthur Village, Lalgudi Taluk, Trichy District to be held on 14/6/2015 from 07.00 p.m to 12.00 a.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 limit. (i)The respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar mvs.
To The Inspector of Police Samayapuram Police Station Samayapuram Trichy District.
+1cc to MR.D.ANANDAN,ADVOCATE IN SR NO. 29446 +1cc to Special Government Pleader Sr NO. 29796 W.P(MD)No.9302 of 2015 10.06.2015 rg.11.06.2015 3p.4c.