A.Raja, S/O.Antoni Samy v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 14185 of 2017 A.Raja ... Petitioner -Vs1. The Deputy Superintendent of Police, Thiruverumpoor, Trichy-22.
2. The Inspector of Police, Duvakkudy Police Station, Thiruverumpoor Taluk, Trichy District-15.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission and conducting Orchestra with "Adal Padal" programme which will be scheduled on 12.08.2017 and 13.08.2017 on account of Temple Festival namely, "Arulmigu Sri Vempadi Selvamuthu Mariamman Thirukovil 5th year of Festival" which will be start from 05.08.2017 to 14.08.2017 at Duvakkudy Malai-North, Ayyampatti Main Road, Thiruverumpoor Taluk, Trichy District. For Petitioner : Mr.A.Muthuvelan 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 seeking a direction to the respondents to grant permission and conducting Orchestra with "Adal Padal" programme which will be scheduled on 12.08.2017 and 13.08.2017 on account of Temple Festival namely, "Arulmigu Sri Vempadi Selvamuthu Mariamman Thirukovil 5th year of Festival" which will be start from 05.08.2017 to 14.08.2017 at Duvakkudy MalaiNorth, Ayyampatti Main Road, Thiruverumpoor Taluk, Trichy District.
2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct Orchestra with "Adal Padal" programme on 12.08.2017 and 13.08.2017 in connection with a festival in "Arulmigu Sri Vempadi Selvamuthu Mariamman Thirukovil 5th year of Festival" at Duvakkudi Malai North, Thiruverumpoor Taluk, Trichy District. He further submitted that in this connection, a representation was given to the respondent on 25.07.2017, 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. 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 submitted that permission can be granted subject to stringent conditions. 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 villages all over the state, preventing the petitioner from conducting such programme in this particular village will amount to discrimination. However, taking into submission of the respondent police, this Court is inclined to pass the following direction:- The second respondent/Inspector of Police, Duvakkudy Police Station, Trichy District. is directed to consider the representation of the petitioner, dated 25.07.
2017 and to give permission and to provide police protection for Orchestra with "Adal Padal" programme in connection with the festival in "Arulmigu Sri Vempadi Selvamuthu Mariamman Thirukovil 5th year of Festival" at Duvakkudi Malai North, Thiruverumpoor Taluk, Trichy District, scheduled to be held on 12.08.2017 and 13.08.2017, subject to the following conditions; (a) the Orchestra with "Adal Padal" programme in connection with the festival in "Arulmigu Sri Vempadi Selvamuthu Mariamman Thirukovil 5th year of Festival" at Duvakkudi Malai North, Thiruverumpoor Taluk, Trichy District, scheduled to be held on 12.08.2017 and 13.08.2017 should be completed before 10.30 p.m.
(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 Deputy Superintendent of Police, Thiruverumpoor, Trichy-22.
2. The Inspector of Police, Duvakkudy Police Station, Thiruverumpoor Taluk, Trichy District-15.
+1 cc to Mr.V.Muthuvelan , Advocate in SR.No. 69585 cmr/dsk AE/SV/SAR4/08.08.2017/4P/4C W.P.(MD) No. 14185 of 2017 31.07.2017