M.Muthupandian, v. The Inspector 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. 14107 of 2017 M.Muthupandian ... Petitioner -VsThe Inspector of Police, Oothumalai Police Station, Tirunelveli District.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings vide C.No.17/H4PS/2017, dated 18.07.2017 and quash the same as illegal and consequently directing the respondent to grant police permission and protection to perform the cultural program of "Innisai Katcheri" on 05.08.2017 at 9.00 p.m to 1.00 p.m night at Shri Mattudaiyar Sastha Kovil, V.Reddiyarpatti Village, Alangulam Taluk, Tirunvelveli District and to provide permission and adequate police protection based on the petitioner's representation, dated 18.07.2017.
For Petitioner : Mr.M.Sankar.
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 Certiorarified Mandamus, to call for the records relating the impugned proceedings vide C.No.17/H4PS/2017, dated 18.07.2017 and quash the same as illegal and consequently directing the respondent to grant police permission and protection to perform the cultural program of "Innisai Katcheri" on 05.08.2017 at 9.00 p.m to 1.00 p.m night at Shri Mattudaiyar Sastha Kovil, V.Reddiyarpatti Village, Alangulam Taluk, Tirunvelveli District and to provide permission and adequate police protection based on the petitioner's representation, dated 18.07.2017.
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 "Innisai Katcheri" programme on 05.08.2017 in connection with a festival in Shri Mattudaiyar Sastha Kovil, V.Reddiyarpatti Village, Alangulam Taluk, Tirunvelveli District. He further submitted that in this connection, a representation was given to the respondent on 18.07.2017, with a request to grant permission and protection to conduct the programme on the above said date. However, the respondent rejected the said representation, by the impugned proceedings, dated 18.07.2017, and hence, the petitioner is before this Court with this Writ Petition.
4. The learned Special Government Pleader appearing for the respondent on instructions submitted that the representation given by the petitioner was rejected on the ground that the conduct of "Innisai Katcheri" programme is likely to cause law and order problem. However, he further submitted that no untoward incident is reported, when such programme was conducted during past.
5. The said submission of the learned Special Government Pleader is recorded.
6. Considering the fact that the "Innisai Katcheri" programme or even other programmes relating to the temple festivals are being permitted throughout the State, subject to usual conditions. Denying permission to the petitioner will amount to discrimination. Hence, the impugned proceedings, dated 18.07.2017 passed by the respondent is set aside and the Writ petition is allowed. Taking into consideration the serious objections raised by the learned Special Government Pleader for the respondent, this Court is inclined to issue the following directions: The respondent/The Inspector of Police, Oothumalai Police Station, Tirunelveli District, is directed to consider the representation of the petitioner, dated 18.07.
2017 and to give permission and to provide police protection for "Innisai Katcheri" programme in connection with a festival in Shri Mattudaiyar Sastha Kovil, V.Reddiyarpatti Village, Alangulam Taluk, Tirunvelveli District , scheduled to be held on 05.08.2017, subject to the following conditions; (a) the "Innisai Katcheri" programme in connection with a festival in Shri Mattudaiyar Sastha Kovil, V.Reddiyarpatti Village, Alangulam Taluk, Tirunvelveli District scheduled to be held on 05.08.2017, should be completed before 10.30 p.m.
(b) double meaning songs should not be played so as to spoil the minds of students and the youth; (c) no songs, touching upon any political party or religion, community or caste be played;
(d) no flex boards in support of any political party or religious leader be erected;
(e) the function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(f) 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;
(g) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time; (h) the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme; and (i) if any untoward incident takes place, the organizers of the programme be made responsible for the same.
7.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. 8.With the above directions, the Writ petition is disposed of. No costs.
Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To The Inspector of Police, Oothumalai Police Station, Tirunelveli District.
+1cc to M/S. M.SANKAR, Advocate, SR.No.68774. +1cc to Special Government Pleader, SR.No.69012. W.P.(MD).No.14107 of 2017 28.07.2017 msa SDS/SV:AAMS/SAR 3/02.08.2017/3P/4C