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Madras High CourtWP(MD)/12476/2017disposed of

Selvarasu, v. The Superintendent Of Police,

2017-07-05Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 12476 of 2017 Selvarasu ... Petitioner -Vs1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to grant permission and protection for cultural event, namely, "Adal Padal" scheduled to be held on 13.07.2017 at night in connection with "Aani Festival" in "Arulmighu Sri Vembadi Mariamman" Temple, at Thirunalur North Village, Aranthangi Taluk, Pudukkottai District, by considering the petitioner's representation, dated 15.06.2017.

For Petitioner : Mr.C.Suresh Kannan For Respondents : Mr.J.Gunaseelan Muthaiah, Government Advocate.

O R D E R

The petitioner has come forward with this Writ Petition for issuance of a Mandamus seeking a direction to the respondents to grant permission and protection for "Adal Padal" Programme performance in ''Aani Festival'' scheduled to be held on 13.07.2017 at "Arulmighu Sri Vembadi Mariamman" Temple, at Thirunalur North Village, Aranthangi Taluk, Pudukkottai District, by considering the petitioner's representation, dated 15.06.2017.

2. The learned counsel for the petitioner would submit that the villagers jointly decided to conduct "Adal Padal" programme on

13.07.2017 in connection with a festival of "Arulmighu Sri Vembadi Mariamman Temple at Thirunalur North Village, Aranthangi Taluk, Pudukkottai District''. He would further submit that in this connection, a representation was given to the second respondent on 15.06.2017, with a request to grant permission and protection to conduct the programme on the above said date. However, the respondent Police has not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.

3. The learned Government Advocate appearing for the respondents would submit that this Court may grant permission for "Adal Padal" programme with stringent conditions. He would further submit that there is no adverse report against the Petitioner in conducting the "Adal Padal" programme.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 5.Considering the limited scope of prayer sought for in this petition, the Writ Petition is disposed of with the following directions:

(a) the "Adal Padal" programme in connection with the festival of "Arulmighu Sri Vembadi Mariamman Temple at Thirunalur North Village, Aranthangi Taluk, Pudukkottai District'' scheduled to be held on 13.07.2017 should be completed before 10.30 p.m.

(b) there should not be any kind of obscene dance or vulgar dialogues during the performance, by any one of the participants;

(c) double meaning songs should not be played so as to spoil the minds of students and the youth;

(d) no dance or songs, touching upon any political party or religion, community or caste be played; (e) no flex boards in support of any political party or religious 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;

(h) similarly, the Police is empowered to stop the dance programme, if it exceeds beyond the permitted time; (i) the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme; and (j) if any untoward incident takes place, the organizers of the programme be made responsible for the same.

The respondent concerned is directed to issue necessary permission, incorporating the above conditions and ensure the

observance of the conditions to maintain public order and tranquillity. It is open to the respondent to take appropriate action in the event of non-observance of the conditions stipulated. No costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

+ 1 CC TO Mr.C.SURESH KANNAN, ADVOCATE IN SR No. 63536 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 63724 PMU TE/KP/SAR-III : 11/07/2017 : 3P/5C W.P.(MD) No. 12476 of 2017 05.07.2017