Shanmugasundaram v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.14482 of 2017 Shanmugasundaram ... Petitioner -Vs1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.State Represented by The Inspector of Police, Kulathur Police Station, Kulathur, Thoothukudi District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to give the permission, police protection and sound service for conducting Adal Padal on 16.08.2017 at about 7.00 P.M. to 12.00 P.M and on 16.08.2017 of Arulmigu Sri Padrakaliyamman Temple, situated at Ketchilapuram, Kulathur North, Vilathikulam Taluk, Tuticorin District based upon the petitioner's representation dated 21.07.2017.
For Petitioner : Mr.P.Banuprasath For Respondents : Mr.A.K.Baskarapandiyan, Special Government Pleader.
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O R D E R
This Writ petition is filed for issuing a Writ of Mandamus, directing the respondents herein to give the permission, police protection and sound service for conducting Adal Padal on 16.08.2017 at about 7.00 P.M. to 12.00 P.M in Arulmigu Sri Padrakaliyamman Temple, situated at Ketchilapuram, Kulathur North, Vilathikulam Taluk, Tuticorin District based upon the petitioner's representation dated 21.07.2017.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Adal Padal" programme on 16.08.2017, in connection with the temple festival of Arulmigu Sri Padrakaliyamman Temple, situated at Ketchilapuram, Kulathur North, Vilathikulam Taluk, Tuticorin District. He further submitted that in this connection, a representation was given to the first respondent on 21.07.2017, 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 this Court may grant permission for "Adal Padal" programme subject to stringent conditions.
5. Considering the facts and circumstances of the case, the Writ Petition is disposed of with the following directions: The second respondent/The Inspector of Police, Kulathur Police Station, Kulathur, Thoothukudi District, is directed to consider the representation of the petitioner, dated 21.07.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with the temple festival of Arulmigu Sri Padrakaliyamman Temple, situated at Ketchilapuram, Kulathur North, Vilathikulam Taluk, Tuticorin District, scheduled to be held on 16.08.2017, subject to the following conditions; (a) the "Adal Padal" programme in connection with the temple festival of Arulmigu Sri Padrakaliyamman Temple, situated at Ketchilapuram, Kulathur North, Vilathikulam 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 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(co) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, Kulathur Police Station, Kulathur, Thoothukudi District.
+1cc to M/S.P.BANU PRASATH, Advocate SR.No.71163 Myr/Smi MAS/KK/SAR3:11.08.2017:3P-4C W.P.(MD) No. 14482 of 2017 08.08.2017