T.Maharaja v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.06.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD) No. 9547 of 2015 T.Maharaja ... Petitioner Vs.
1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Sub-Inspector of Police, Pappakudi Police Station, Tirunelveli District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for records relating to the rejection order of the second respondent dated 10.06.2015 and quash the same and consequently direct the second respondent to grant permission and police protection to perform cultural Innichai Katcheri Program scheduled to be held on 18.06.2015 pursuant to "Temple Kodai Vizha" at Arulmigu Utchimuthusamy Kovil at Ananthanadarpatti Village, Alangulam Taluk, Tirunelveli District and pass such further order.
For Petitioner : Mr.S.Balamurugan For Respondents : Mr.M.Murugan, Govt.Advocate
O R D E R
This writ petition has been filed seeking for the issuance of Writ of Certiorarified Mandamus, calling for records relating to the rejection order of the second respondent dated 10.06.2015 and quash the same and consequently direct the second respondent to grant permission and police protection to perform cultural Innichai Katcheri Program scheduled to be held on 18.06.2015 pursuant "Temple Kodai Vizha" at Arulmigu Utchimuthusamy Kovil at Ananthanadarpatti Village, Alangulam Taluk, Tirunelveli District.
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 Ananthanadarpatti Village, Alangulam Taluk, 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 "Aadal Padal programme" on 18.06.2015. In this connection, a representation was given on 09.06.2015 to the respondent police, with a request to grant permission to conduct "Adal Padal Programme" on 18.06.2015. The second respondent has passed an 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 https://hcservices.ecourts.gov.in/hcservices/
villagers, there will be no untoward incident by the people of the village.
4. There is no indication about the likelihood of law and order problem. It is for the 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 Arulmigu Utchimuthusamy Kovil, Ananthanadarpatti Village, Alangulam Taluk, Tirunelveli District.
6. Accordingly, the writ petition is disposed of with the following directions:
(a) The cultural programme in connection with temple Festival of Arulmigu Utchimuthusamy Kovil, Ananthanadarpatti Village, Alangulam Taluk, Tirunelveli District, be held on 18.06.2015 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. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police,Tirunelveli District,Tirunelveli. 2.The Sub-Inspector of Police, Pappakudi Police Station,Tirunelveli District. +1cc to Mr.S.Balamurugan,Advocate SR.No.31756 W.P(MD)No.9547 of 2015 18.06.2015 PJL PA/AMF/18.06.2015/2P/4C (IT) https://hcservices.ecourts.gov.in/hcservices/