P.Mani S/O Paulraj Nadar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 13860 of 2017 P.Mani ... Petitioner -Vs1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Inspector of Police, Thuruvaikulam Police Station, Thuruvaikulam, Tuticorin District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation, dated 19.07.2017 to grant permission to conduct the " Aadi Pongal Festival" as well as other programmes and also to conduct the " Aadal Padal" at about 7.00 p.m to 12.00 p.m on 16.08.2017 in temple namely "Arulmighu Sri Pathirakalliamman Kovil" in V.Pandiyapuram, Veppalodai Post, Ottapidaram Taluk, Tuticorin District.

For Petitioner : Mr.C.Jeyaprakash For Respondents : 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 directing the second respondent to consider the petitioner's representation, dated 19.07.2017 to grant permission to conduct the " Aadi Pongal Festival" as well as other programmes and also to conduct the " Aadal Padal" at about 7.00 p.m to 12.00 p.m on 16.08.2017 in temple namely "Arulmighu Sri Pathirakalliamman Kovil" in V.Pandiyapuram, Veppalodai Post, Ottapidaram Taluk, Tuticorin District.

2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct " Aadi Pongal Festival" as well as "Aadal Padal" dance programme on 16.08.2017 in connection with festival at "Arulmighu Sri Pathirakalliamman Kovil" in V.Pandiyapuram, Veppalodai Post, Ottapidaram Taluk, Tuticorin District. He further submitted that in this connection, representation was given to the second respondent on 19.07.2017, with a request to grant permission and protection to conduct the programme on the above said date. However, the respondent police have 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 Special Government Pleader appearing for the respondents.

4. The learned Special Government Pleader appearing for the respondents, on instructions, would submit that the respondents have no objection for conducting the events. However, permission may be granted subject to stringent condition.

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, this Court is inclined to pass the following direction:- The second respondent/Inspector of Police, Thuruvaikulam Police Station, Thuruvaikulam, Tuticorin District is directed to consider the representations of the petitioner, dated 19.07.2017 and to give permission and to provide police protection for " Aadi Pongal Festival" as well as "Aadal Padal" dance programme in connection with the festival at "Arulmighu Sri Pathirakalliamman Kovil" in V.Pandiyapuram, Veppalodai Post, Ottapidaram Taluk, Tuticorin District scheduled to be held on 16.08.2017, subject to the following conditions;

(a) the " Aadi Pongal Festival" as well as "Aadal Padal" programme in connection with the festival at "Arulmighu Sri Pathirakalliamman Kovil"

in V.Pandiyapuram, Veppalodai Post, Ottapidaram Taluk, Tuticorin District., scheduled to be held on 16.08.2017 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.

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.

7. With the above directions, the Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.

To 1.The Superintendent of Police, Tuticorin District, Tuticorin. 2.The Inspector of Police, Thuruvaikulam Police Station, Thuruvaikulam, Tuticorin District.

+1CC to Mr.C.Jeyaprakash, Advocate, SR.No. 68812 +1CC to the Special Government Pleader SR.No. 69321 W.P.(MD).No.13860 of 2017 28.07.2017 msa AM/MR KKR /SAR 2/04.08.2017/3P/5C