P.Elangovan, S/O.Pitchai, 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.12586 of 2017 P.Elangovan ... Petitioner -vsThe Inspector of Police, Taluk Police Station, Palani, Dindigul District.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to grant permission to perform the cultural program of "Aadal Padal" on 12.07.2017 night at Arulmighu Karuppachamy Petchiamman Kovil is situated at Pulikottaiyur, Karikaranpudur Post, Palani Taluk, Dindigul District and to provide adequate police protection based on the petitioner's representation, dated 03.07.2017.
For Petitioner : Mr.P.Balan 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 respondents to grant permission and protection for Aadalum Padalum program in completion of festival in Arulmighu Karuppachamy Petchiamman Kovil is situated at Pulikottaiyur, Karikaranpudur Post, Palani Taluk, Dindigul District, scheduled to be held on 12.07.2017, based on the petitioner's representation, dated 03.07.2017.
2. The learned counsel for the petitioner would submit that the villagers jointly decided to conduct Aadal Padal programme on 12.07.2017 in connection with a festival of Arulmighu Karuppachamy Petchiamman Kovil is situated at Pulikottaiyur, Karikaranpudur Post, Palani Taluk, Dindigul District. He would further submit that in this connection, a representation was given to the respondent on 03.07.2017 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 produced the communication received from the Special
Sub-Inspector of Police, Taluk Police Station, Palani, Dindigul District, in which it has been stated that the programme will attract more than 500 people from the neighbouring villagers belonging to different community and there is likelihood of law and order problem, since the organisers using mike set causing noise pollution and are fixing flex boards on community basis. He would further 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 respondent.
5. There was no adverse remarks or antecedents reported though it is admitted that similar programme was conducted in past. Taking into consideration the fact that the villagers on a whole have decided to celebrate the temple festival, the Writ Petition is disposed of with a direction to the respondent, the Inspector of Police, Taluk Police Station, Palani, Dindigul District, to consider the representation of the petitioner, dated 03.07.2017 and accord permission and to provide police protection to the petitioner, for conducting the Adal Padal programme at the festival of Arulmighu Karuppachamy Petchiamman Kovil is situated at Pulikottaiyur, Karikaranpudur Post, Palani Taluk, Dindigul District, scheduled to be held on 12.07.2017 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 Karuppachamy Petchiamman Kovil is situated at Pulikottaiyur, Karikaranpudur Post, Palani Taluk, Dindigul District, scheduled to be held on 12.07.2017 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; (c) no dance or songs, touching upon any political party or religion, community or caste be played; (d) no flex boards in support of any political party or religious leader be erected;
(e) the function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(f) 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;
(g) similarly, the Police is empowered to stop the dance programme, if it exceeds beyond the permitted time;
(h) the participants of the programme shall not intake any kind of intoxic substance or liquor during the programme;
and (i) if any untoward incident takes place, the organizers of the programme be made responsible for the same.
No costs.
Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Taluk Police Station, Palani, Dindigul District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to M/S.P.Balan, Advocate SR.No. 64048 +1cc to Special Government Pleader, SR.No. 64404 W.P.(MD) No.12586 of 2017 07.07.2017 das/pjl JM/SKN RSK/SAR 3/11.07.2017/3P/5C