Kasinathan v. State Rep. By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.13370 of 2017 Kasinathan ... Petitioner Vs.
State Represent by its The Inspector of Police, Vadakadu Police Station, Pudukottai 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 adequate police protection to conduct Adal Padal programme on 29.07.2017 during the night time from 07.00 p.m. to 02.00 a.m. on the eve of "Sri Kamatchi Amman Temple" situated in Kurumbivayal Village, Karuvakurichi Post, Pudukottai District based on the petitioner's representation dated 11.07.2017 within the time limit that may be stipulated by this Court.
For Petitioner : Mr.M.Subash Babu 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 adequate police protection to conduct "Adal Padal" programme on 29.07.2017 during the night time from 07.00 p.m. to 02.00 a.m. on the eve of "Sri Kamatchi Amman Temple" situated in Kurumbivayal Village, Karuvakurichi Post, Pudukottai District, based on the petitioner's representation dated 11.07.2017 within the time limit that may stipulated by this Court.
2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Adal Padal" programme
on 29.07.2017 in connection with a festival of Sri "Kamatchi Amman Temple" situated in Kurumbivayal Village, Karuvakurichi Post, Pudukottai District. He further submitted that in this connection, a representation was given to the respondent on 11.07.2017, 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 Special Government Pleader appearing for the respondent on instruction submitted that there is likelihood of law and order problem, due to the fact that the programme is likely attract more crowd of people from neighbouring villages and further submitted that no untoward incident took place in the past years.
4. Since, no other incidents reported during previous years and no antecedent indicating communal disharmony is reported, denying permission to the petitioner will amount to discrimination as similar permission is given throughout the State. Hence, considering the facts and circumstances of the case, the Writ petition is disposed of with a direction to the respondent/Inspector of Police, Vadakadu Police Station, Pudukottai District, to consider the representation of the petitioner, dated 11.07.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with the festival of "Sri Kamatchi Amman Temple" situated in Kurumbivayal Village, Karuvakurichi Post, Pudukottai District, scheduled to be held on 29.07.2017, 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 the festival at "Sri Kamatchi Amman Temple" situated in Kurumbivayal Village, Karuvakurichi Post, Pudukottai District , scheduled to be held on 29.07.2017 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(RTI) /True Copy/ Sub Assistant Registrar To The Inspector of Police, Vadakadu Police Station, Pudukottai District.
SRM/IA VB/JC/SR1/26.07.2017/3P/2C W.P.(MD)No.13370 of 2017 20.07.2017