K.Gopalakrishnan, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.12758 of 2017 K.Gopalakrishnan ... Petitioner Vs.
1.The Superintendant of Police, Madurai District, Madurai.
2.The Inspector of Police, Kallikudi Police Station, Kallikudi, Madurai District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant permission and protection for Adal Padal program perform in "Urchava Vizha" scheduled to be held on 16.07.2017 at Arulmigu Sri Kaliamman Thirukovil at Kaliamman Kovil Street, Kallikudi, Thirumangalam Taluk, Madurai District by considering the petitioner's representation dated 05.07.2017. For Petitioner : Mr.R.Karthic Rajan 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 Writ of Mandamus seeking a direction to the respondent to grant permission and necessary protection to perform the cultural programme (ie.,) Adal Padal program perform in "Urchava Vizha" scheduled to be held on 16.07.2017 at Arulmigu Sri Kaliamman Thirukovil at Kaliamman Kovil Street, Kallikudi, Thirumangalam Taluk, Madurai District by considering the petitioner's representation dated 05.07.2017.
2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Adal Padal" programme on 16.07.2017 in connection with a festival of Arulmigu Sri Kaliamman Thirukovil at Kaliamman Kovil Street, Kallikudi,
Thirumangalam Taluk, Madurai District. He further submitted that in this connection, a representation was given to the respondent on 05.07.2017, 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 submitted 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 16.07.2017.
4. Considering the facts and circumstances of the case, this Court is inclined to issue direction to the second respondent/ the Inspector of Police, Kallikudi Police Station, Kallikudi, Madurai District, to consider the representation of the petitioner, dated 05.07.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with the festival of Arulmigu Sri Kaliamman Thirukovil at Kaliamman Kovil Street, Kallikudi, Thirumangalam Taluk, Madurai District scheduled to be held on 16.07.2017 Subject to the following conditions:
(a) the "Adal Padal" programme in connection with the festival at Arulmigu Sri Kaliamman Thirukovil at Kaliamman Kovil Street, Kallikudi, Thirumangalam Taluk, Madurai District, scheduled to be held on 16.07.2017 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 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.
5. It is open to 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.
6. With the above direction, the Writ petition is disposed of. No costs.
Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The Superintendant of Police, Madurai District, Madurai.
2.The Inspector of Police, Kallikudi Police Station, Kallikudi, Madurai District.
+One cc to Mr.R.Karthic Rajan, Advocate ,SR.No.64623 +One cc to The Special Government Pleader, SR.No.64997 das/pjl RL/5C/3P/SKN/RSK/SAR2/13/7/2017 W.P.(MD)No.12758 of 2017 11.07.2017