K.Chinnamani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 12664 of 2017 K.Chinnamani ... Petitioner -Vs1.The Superintendent of Police, Tiruchirappalli District.

2.The Inspector of Police, Siruganur Pollice Station, Lalkudi Taluk, Tiruchirappalli District.

.... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the first and second respondents to consider and pass orders on the application dated 30.06.2017 made by the petitioner which the time frame as may be fixed by this Court, much before the fixed programme which is to be held on 11.07.2017 at "Mariamman Kovil Temple" at Thranipalayam Village, Lalkudi Taluk, Trichy District. For Petitioner : Mr.A.George Stephen For Respondent : Mr.T.S.Mohammed Mohideen, Additional Government Pleader *****

O R D E R

The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus, to direct the first and second respondents to consider and pass orders on the application dated 30.06.2017 made by the petitioner which the time frame as may be fixed by this Court, much before the fixed programme which is to be held on 11.07.2017 at "Mariamman Kovil Temple" at Thranipalayam Village, Lalkudi Taluk, Trichy District.

2. The learned counsel for the petitioner would submit that the villagers jointly decided to conduct "Karakattam" and cultural programme on 11.07.2017 in connection with a festival in "Mariamman Kovil Temple" at Thranipalayam Village, Lalkudi Taluk, Trichy District. He would further submit that in this connection, a representation was given to the respondent on 30.06.2017, with a request to grant permission and protection to conduct the programme on the above said date and the same was rejected by the second respondent, the petitioner is before this Court with this Writ Petition.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

4. Since the "Karakattam" is recognised as a cultural programme with reference to temple festival, in almost several part of the state, this Court is inclined to give the following direction:

"The second respondent/Inspector of Police, Siruganur Police Station, Lalgudi Taluk, Tiruchirappalli District, is directed to permit the petitioner and villagers to conduct "Karakattam" on 11.07.2017 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 "Karakattam" programme in connection with the festival of "Mariamman Kovil Temple" at Thranipalayam Village, Lalkudi Taluk, Trichy District, scheduled to be held on 11.07.2017 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 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. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar

To 1.The Superintendent of Police, Tiruchirappalli District.

2.The Inspector of Police, Siruganur Pollice Station, Lalkudi Taluk, Tiruchirappalli District.

+One cc to Mr.A.George Stephen, Advocate, SR.No.64286 gsp/cmr RL/4C/3P/KP/SAR1/11/7/2017 W.P.(MD) No. 12664 of 2017 10.07.2017