Thangaraj,S/O.Velayuthaudaiyar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 12569 of 2017 Thangaraj ... Petitioner -vsThe Inspector of Police, Vadakadu Police Station Pudukottai District.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to grant permission to perform the program of "Adal Padal" on 09.07.2017 night at about 07.00 p.m. to 12.00 a.m. at Arulmigu Kaliamman Thirukovil situated in Mukkottupatti, Karukkakurichi Post, Karambakudi Taluk, Pudukottai District and to provide adequate police protection based on the petitioner's representation, dated 29.06.2017.
For Petitioner : Mr.P.Veerapandian For Respondent : Mr.A.Muthukaruppan Additional Government Pleader
O R D E R
The petitioner has come forward with this Writ Petition for issuance of a Mandamus seeking a direction to the respondent to grant permission and protection for Aadal Padal program on 09.07.2017, night at about 07.00 p.m. to 12.00 a.m., in connection with the temple festival of Arulmigu Kaliamman Thirukovil situated in Mukkottupatti, Karukkakurichi Post, Karambakudi Taluk, Pudukottai District.
2. The learned counsel for the petitioner would submit that the villagers jointly decided to conduct Aadalum Padalum programme on 09.07.2017 in connection with a festival of Arulmigu Kaliamman Thirukovil situated in Mukkottupatti, Karukkakurichi Post, Karambakudi Taluk, Pudukottai District. He would further submit that in this connection, a representation was given to the second respondent on 29.06.2017 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 Additional Government Pleader appearing for the respondent would submit that this Court may grant permission for
Adal Padal programme with stringent conditions. He further submitted that there is no adverse remarks against the petitioner in conducting the "Adal Padal" programme, on 09.07.2017.
4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.
5.Under such circumstances, the Writ Petition is disposed of with a direction to the respondent police to consider the representation of the petitioner, dated 29.06.2017 and to accord permission and police protection to the petitioner for conducting Adal Padal programme at the festival of Arulmigu Kaliamman Thirukovil situated in Mukkottupatti, Karukkakurichi Post, Karambakudi Taluk, Pudukottai District scheduled to be held on 09.07.2017, subject to the following conditions and any other reasonable restrictions that may be imposed by the respondent in the interest of public and to preserve the law and order: (a) the "Adal Padal" programme in connection with the festival at Arulmigu Kaliamman Thirukovil situated in Mukkottupatti, Karukkakurichi Post, Karambakudi Taluk, Pudukottai District scheduled to be held on 09.07.2017 should be completed before 10.30 p.m.
(b)the petitioner shall pay a cost of Rs.2000/- to the credit of the Chief Justice Relief Fund within 4.30 p.m., today,failing which, the order copy shall not be furnished today; (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 intoxic 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. No costs.
Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Inspector of Police, Vadakadu Police Station Pudukottai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+One cc to Mr.P.Veerapandian, Advocate, SR.No.64038 COPY TO:- THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI das/pjl RL/5C/3P/SKN/RSK/SAR1/7/7/2017 W.P.(MD) No. 12569 of 2017 07/07/2017