A.Annamalai, S/O.Anjappan v. The Inspector 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.12667 of 2017 A.Annamalai ... Petitioner vs.
The Inspector of Police, Ulagampatti Police Station, Sivagangai District.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the Respondent to grant permission to perform the program of 'Adal Padal' on 03.08.2017 night at about 07.00 p.m. to 11.00 p.m. at Arulmigu Sri Muthalamman Kovil is situated at Pudur, Ulagampatti Via, Thirupathur Taluk, Sivagangai District and to provide adequate police protection based on petitioner's representations dated 04.07.2017.
For Petitioner : Mr.K.G.ArunKumar For Respondent : Mr.A.Muthukarruppan 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 Respondent to grant permission to perform the program of 'Adal Padal' on 03.08.2017 night at about 07.00 p.m. to 11.00 p.m. at Arulmigu Sri Muthalamman Kovil is situated at Pudur, Ulagampatti Via, Thirupathur Taluk, Sivagangai District and to provide adequate police protection based on petitioner's representations dated 04.07.2017.
2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Adal Padal" programme on 03.08.2017 in connection with a festival in "Arulmigu Sri Muthalamman Kovil" is situated at Pudur, Ulagampatti Via, Thirupathur Taluk, Sivagangai District. He further submitted that in this connection, a representation was given to the respondent on 04.07.2017, 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. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
4. The learned Additional Government Pleader appearing for the respondents has produced before this Court, a communication, dated 08.07.2017, received from the Sub Inspector of Police,Ulagampatti Police Station, Sivagangai District, stating that the programme is likely to attract the public from nearby villages. More than 3000 people are likely to assemble, which may lead to law and order problem. Further, it was pointed out that the organizers of the programme use mike-set and Flex Boards representing communities. Hence, he has requested not to grant permission in view of the likely hood of law and order problem. When enquired about the antecedents during such programmes in previous years, the respondent police has submitted that no untoward incident reported.
5. Taking into consideration the facts of the present case and the fact that such programmes are being organized and conducted in every villages all over the state, preventing the petitioner from conducting such programme in this particular village will amount to discrimination. However, taking into account the objections of the respondent police, this Court is inclined to pass the following direction:- "The respondent/Inspector of Police,Ulagampatti Police Station, Savagangai District is directed to consider the representation of the petitioner, dated 04.07.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with the festival in "Arulmigu Sri Muthalamman Kovil" is situated at Pudur, Ulagampatti Via, Thirupathur Taluk, Sivagangai District. scheduled to be held on 03.08.
2017, subject to the following conditions; (a) the "Adal Padal" programme in connection with the festival in "Arulmigu Sri Muthalamman Kovil" is situated at Pudur, Ulagampatti Via, Thirupathur Taluk, Sivagangai District, scheduled to be held on 03.08.2017 should be completed before 10.30 p.m.
(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.
6. It is open to the respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity. There can be a total ban for putting of any Flex Boards representing any community.
7. With the above direction, the Writ petition is disposed of. No costs.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To The Inspector of Police, Ulagampatti Police Station, Sivagangai District.
+One cc to Mr.K.G.Arun Kumar, Advocate, SR.No.64372 +One cc to The Special Government Pleader, SR.No.64541 gsp/cmr RL/4C/3P/SKN/RSK/SAR1/19/7/2017 W.P(MD)No.12667 of 2017 10/07/2017