Madras High CourtWP(MD)/9321/2015disposed of

Ramu v. The Inspector Of Police

2015-06-10Honourable Mr Justice M.M.Sundresh2 pages

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.9321 of 2015 Ramu ...

Petitioner Vs The Inspector of Police Poolankurichi Police Station Sivagangai District.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondent to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 13/6/2015 at night in connection with "Vaikasi Festival" in Arulmigu Sri Chinnaiah Swamy, Pattavan Swsamy, Thottuchiamman Swamy Koil at Sullanpatti, Thiruppathur Taluk, Sivagangai District. For Petitioner : Mr.M.S.Jeyakarthick 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 to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 13/6/2015 at night in connection with "Vaikasi Festival" in Arulmigu Sri Chinnaiah Swamy, Pattavan Swsamy, Thottuchiamman Swamy Koil at Sullanpatti, Thiruppathur Taluk, Sivagangai 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 the petitioner is the member of the vizha committee of Arulmigu Sri Chinnaiah Swamy, Pattavan Swamy, Thottuchiamman Swamy Kovil at Sullanpatti, Thiruppathur Taluk, Sivagangai 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 "Aadal Padal programme" on 13/6/2015. In this connection, a representation was given to the respondent on 28/5/2015, with a request to grant permission to conduct "Adal Padal Programme" on 13/6/2015, 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.

https://hcservices.ecourts.gov.in/hcservices/ 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 'Adal Padal programme" in connection with the temple festival of Arulmigu Sri Chinnaiah Swamy, Pattavan Swsamy, Thottuchiamman Swamy Koil at Sullanpatti, Thiruppathur Taluk, Sivagangai 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 Chinnaiah Swamy, Pattavan Swsamy, Thottuchiamman Swamy Koil situated at Sullanpatti, Thiruppathur Taluk, Sivagangai District to be held on 13/6/2015 from 07.00 p.m to 11.00 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 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 To The Inspector of Police,Poolankurichi Police Station Sivagangai District.

+1cc to M.S.Jeyakarthick,Advocate SR.No.29497 +1cc to Special Govt.Pleader SR.No.29793 W.P(MD)No.9321 of 2015 10.06.2015 MVS PA/AMF/11.06.2015/2P/4C(IT) https://hcservices.ecourts.gov.in/hcservices/