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Madras High CourtWP(MD)/9842/2015disposed of

S.Ramachandran, v. The Supdt. Of Police,

2015-06-18Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No. 9842 of 2015 S.Ramachandran ... Petitioner Vs.

1. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Sethur Police Station, Sethur, Virudhunagar District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, to direct the respondents to give the permission and police protection for conducting Aadal Paadal Dance Programme on 24.06.2015 for the Arulmigu Mariamman Temple situate at Chithirankangani Street, Mettupatti, Sethur, Rajapalayam Taluk, Virudhunagar District on the basis of the petitioner's representation dated 10.06.2015. For Petitioner : Mr.Karthick Subramanian For Respondents : Mr.M.Murugan Government Advocate

O R D E R

Mr.M.Murugan, learned Government Advocate takes notice on behalf of the respondents. By consent, the writ petition is taken up for disposal at the stage of admission.

2.This writ petition has been filed seeking for the issuance of Writ of Mandamus, to direct the respondents to give the permission and police protection for conducting Aadal Paadal Dance Programme on 24.06.2015 for the Arulmigu Mariamman Temple situate at Chithirankangani Street, Mettupatti, Sethur, Rajapalayam Taluk, Virudhunagar District on the basis of the petitioner's representation dated 10.06.2015.

3. Learned counsel for the petitioner would submit that the petitioner is the resident of Mettupatti, Sethur, Rajapalayam Taluk, Virudhunagar 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 24.06.2015. In this connection, a representation was given on 11.06.2015 to the respondents, with a request to grant permission to conduct "Adal Padal Programme" on 24.06.2015, however no order was passed by the respondents 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.M.Murugan, learned Government Advocate appearing for the respondents, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order 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 Government Advocate appearing for the respondents, 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 Mariamman Temple situate at Chithirankangani Street, Mettupatti, Sethur, Rajapalayam Taluk, Virudhunagar District.

6. Accordingly, the writ petition is disposed of with the following directions:

(a) The cultural programme in connection with the temple Festival of Arulmigu Mariamman Temple situate at Chithirankangani Street, Mettupatti, Sethur, Rajapalayam Taluk, Virudhunagar District, be held on 24.06.2015 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 ASST REGISTRAR ( P AND A ) TRUE COPY SUB ASST REGISTRAR PJL To

1. The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Sethur Police Station, Sethur, Virudhunagar District.

1CC TO MR. KARTHICK SUBRAMANIAN, ADV. SR: 32036 1CC TO THE SPL. GOVT PLEADER SR: 32354 DM 22 6 15 W.P(MD)No.9842 of 2015 18.06.2015 3P 5C