K.Kannadasan, 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. 12884 of 2017 K.Kannadasan ... Petitioner -VsThe Inspector of Police, Aranthangi Police Station, Pudukottai 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 and protection for cultural event namely "Aadal Paadal" scheduled to be held on 19.07.2017, 22.07.2017 and 03.08.2017 at night in connection with "Aadi Festival" in Arulmigu Sri Veeramakaliamman Temple at Aranthangi, Pudukottai District, by considering the petitioner's representation dated 27.06.2017.
For Petitioner : Mr.M.S.Jeyakarthick For Respondent : Mr.A.K.Baskara Pandian, Special 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 and protection for cultural event namely "Aadal Paadal" scheduled to be held on 19.07.2017, 22.07.2017 and 03.08.2017 at night in connection with "Aadi Festival" in Arulmigu Sri Veeramakaliamman Temple at Aranthangi, Pudukottai District, by considering the petitioner's representation dated 27.06.2017.
2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Aadal Paadal" programme on 19.07.2017, 22.07.2017 and 03.08.2017 in connection with a Aadi festival in "Arulmigu Sri Veeramakaliamman Temple situated at Aranthangi, Pudukottai District". He further submitted that in this connection, a representation was given to the respondent on 27.06.2017, with a request to grant permission and protection to
conduct the programme on the above said dates. 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 respondent.
4. The learned Additional Government Pleader appearing for the respondent has produced before this Court, a communication, dated 12.07.2017, received from the Special Special Sub Inspector, Aranthangi Police Station, Pudukottai District, stating that the programme is likely to attract the youngsters from nearby villages, 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 village 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/ The Inspector of Police, Aranthangi Police Station, Pudukottai District, is directed to consider the representation of the petitioner, dated 27.06.2017 and to give permission and to provide police protection for "Aadal Paadal" programme in connection with the Aadi festival in "Arulmigu Sri Veeramakaliamman Temple situated at Aranthangi, Pudukottai District" scheduled to be held on 19.07.2017, 22.07.2017 and 03.08.2017 subject to the following conditions;
(a) the "Aadal Paadal" programme in connection with the Aadi festival in "Arulmigu Sri Veeramakaliamman Temple situated at Aranthangi, Pudukottai District", scheduled to be held on 19.07.2017, 22.07.2017 and 03.08.2017 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.
(k) The respondent police is at liberty to put any reasonable restrict or condition so as to ensure the maintenance of law and order and communal harmony.
6. 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. 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, Aranthangi Police Station, Pudukottai District.
+1 cc to MR.M.S.JEYAKARTHICK , Advocate in SR.No. 64716 +1 cc to Special Government Pleader in SR.No.65262 cmr/ia AE/SKN RSK/SAR2/18.07.2017/3P/4C W.P.(MD) No.12884 of 2017 12.07.2017