M.Ranjithkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.13977 of 2017 M.Ranjithkumar ... Petitioner -VsThe Inspector of Police, Keeramangalam Police Station, Pudukottai District.
... Respondent Prayer:
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant permission and protection for cultural event, namely, "Adal Padal" scheduled to be held on 06.08.2017, 07.08.2017 and 08.08.2017 at night 09.00 p.m., to 12.00 p.m., in connection with "Aadi Festival" in Arulmighu Sri Muthumariamman Temple, at Kulamangalam South Village, Alangudi Taluk, Pudukottai District, by considering the petitioner's representation, dated 19.07.2017.
For Petitioner : Mr.E.Balasubramanian For Respondent : Mr.A.K.Baskara Pandiyan, Special Government Pleader.
O R D E R
This Writ petition is filed for issuing a Writ of Mandamus seeking a direction to the respondent to grant permission and protection for cultural event, namely, "Adal Padal" scheduled to be held on 06.08.2017, 07.08.2017 and 08.08.2017 at night 09.00 p.m., to 12.00 p.m., in connection with "Aadi Festival" in Arulmighu Sri Muthumariamman Temple, at Kulamangalam South Village, Alangudi Taluk, Pudukottai District, by considering the petitioner's representation, dated 19.07.2017.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.
3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Adal Padal" programme on 06.08.2017, 07.08.2017 and 08.08.2017 in connection with "Aadi"
festival in "Arulmighu Sri Muthumariamman" Temple, at Kulamangalam South Village, Alangudi Taluk, Pudukottai District. He further submitted that in this connection, a representation was given to the 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 has not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.
4. The learned Special Government Pleader appearing for the respondent submitted that the festival in the above temple is conducted on turn basis by ten "Karaikarargal". It is represented before this Court that each "Karaikarar" used to conduct the festival for three days and this is a practice of the villagers of Kulamangalam South Village. The learned Special Government Pleader therefore submitted that a direction can be granted to permit the petitioner to conduct the cultural programme and other programmes on 06.08.2017, 07.08.2017 and 08.08.2017.
5. Considering the facts and circumstances of the case, the Writ Petition is disposed of with the following directions: The respondent/The Inspector of Police, Keeramangalam Police Station, Pudukottai District, is directed to consider the representation of the petitioner, dated 19.07.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with "Aadi" festival in "Arulmighu Sri Muthumariamman" Temple, at Kulamangalam South Village, Alangudi Taluk, Pudukottai District, scheduled to be held on 06.08.2017, 07.08.2017 and 08.08.2017, subject to the following conditions;
(a) the "Adal Padal" programme in connection with the "Aadi" festival in "Arulmighu Sri Muthumariamman" Temple, at Kulamangalam South Village, Alangudi Taluk, Pudukottai District. scheduled to be held on 06.08.2017, 07.08.2017 and 08.08.2017 should be completed before 10.30 p.m on each day.
(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 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 up any Flex Boards representing any community. No costs.
Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.
To The Inspector of Police, Keeramangalam Police Station, Pudukottai District.
+1CC to Mr.E.Balasubramanian, Advocate, SR.No.69149 +1CC to the Special Government Pleader SR.No. 70227 W.P.(MD) No. 13977 of 2017 01.08.2017 pmu JM/SV/SAR 2/03.08.2017/3P/4C