Jayasankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.12839 of 2017 Jayasankar ... Petitioner Vs.

The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 18.07.2017 at night in connection with "Aadi Festival" in Arulmigu Sri Vembadi Mariamman Temple" at Thirunalur North Village, Aranthangi Taluk, Pudukkottai District, by considering the petitioner's representation dated 22.06.2017.

For Petitioner : Mr.E.Balasubramanian For Respondent : Mr.A.K.Baskara Pandian, Special Government Pleader.

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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" on 18.07.2017 in the eve of Aadi Festival of "Arulmigu Sri Vembadi Mariamman Temple" at Thirunalur North Village, Aranthangi Taluk, Pudukkottai District, by considering the petitioner's representation, dated 22.06.2017.

2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Adal Padal" programme on 18.07.2017 in connection with the Aadi Festival of "Arulmigu Sri Vembadi Mariamman Temple" at Thirunalur North Village, Aranthangi Taluk, Pudukkottai District . He further submitted that in this connection, a representation was given to the respondent on 22.06.2017, 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 Special 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 18.07.2017.

4. Considering the facts and circumstances of the case, the Writ petition is disposed of with a direction to the respondent/Inspector of Police, Aranthangi Police Station, Pudukkottai District, to consider the representation of the petitioner, dated 22.06.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with Aadi Festival of "Arulmigu Sri Vembadi Mariamman Temple" at Thirunalur North Village, Aranthangi Taluk, Pudukkottai District, scheduled to be held on 18.07.2017, 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 Aadi Festival at "Arulmigu Sri Vembadi Mariamman Temple" at Thirunalur North Village, Aranthangi Taluk, Pudukkottai District, scheduled to be held on 18.07.2017 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.No costs. Sd/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

+1 CC TO MR.E.BALA SUBRAMANIAN, ADVOCATE,SR NO.65026 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.65270 ia / cmr MAS/SKN-RSK/SAR1:14.07.2017:2P-4C W.P.(MD)No.12839 of 2017 12.07.2017