P.Raramasamy 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. 12584 of 2017 P.Paramsamy ... Petitioner -vsThe Inspector of Police, Batlagundu Police Station, Madurai- 625 016.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent herein to grant permission to conduct Adal Padal dance program from 08.07.2017 to 10.07.2017 at night in pursuance of the Kumbabisekam of the Arulmighu Sri Pidariamman. Sri Muthallamman Temple situated ar Kattakammanpatti Village, Nilakottai Taluk, Dindigul District.
For Petitioner : Mr.S.Vellaichamy For Respondents : 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 respondents to grant permission and protection for Aadalum Padalum program in completion of festival in Arulmighu Sri Pidariamman, Sri Muthallamman Temple situated ar Kattakammanpatti Village, Nilakottai Taluk, Dindigul District, held on 08.07.2017 to 10.07.2017.
2. The learned counsel for the petitioner would submit that the villagers jointly decided to conduct Aadalum Padalum programme on 08.07.2017 to 10.07.2017 in connection with a festival of Arulmighu Sri Pidariamman. Sri Muthallamman Temple situated at Kattakammanpatti Village, Nilakottai Taluk, Dindigul District. He would further submit that in this connection, 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 respondents would submit that this Court may grant permission for Adal Padal programme with stringent conditions.
4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
5. Taking into consideration the facts and circumstances of the case, the Writ Petition is disposed of with a direction to the https://hcservices.ecourts.gov.in/hcservices/
respondent police to consider the representation of the petitioner and to accord permission and to give police protection to the petitioner, to conduct Adal Padal programme at the festival of scheduled to be held on 08.07.2017 and 10.07.2017 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 Arulmighu Sri Pidariamman, Sri Muthallamman Temple situated ar Kattakammanpatti Village, Nilakottai Taluk, Dindigul District scheduled to be held from 08.07.2017 to 10.07.2017 should be completed before 10.30 p.m.
(b) the petitioner shall pay a cost of Rs.3000/- 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; (c) there should not be any kind of obscene dance or vulgar dialogues during the performance, by any one of the participants; (d) double meaning songs should not be played so as to spoil the minds of students and the youth;
(e) no dance or songs, touching upon any political party or religion, community or caste be played;
(f) no flex boards in support of any political party or religious leader be erected;
(g) the function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(h) 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; (i) similarly, the Police is empowered to stop the dance programme, if it exceeds beyond the permitted time; (j) the participants of the programme shall not intake any kind of intoxic substance or liquor during the programme; and (k) 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 The Inspector of Police, Batlagundu Police Station, Madurai- 625 016.
+One cc to Mr.S.Vellaichamy, Advocate, SR.No.64077 COPY TO: THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI das/pjL RL/4C/2P/SKN/RSK/SAR1/7/7/2017 W.P.(MD) No. 12584 of 2017 07/07/2017 https://hcservices.ecourts.gov.in/hcservices/