S.M.Mayandi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.14514 of 2017 S.M.Mayandi ... Petitioner -Vs1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Surandai Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to grant permission to the petitioner to perform various events including cultural programme on 16.08.2017 during the celebration of Mulapari festival to Sri Santhipillaiyar temple, Keelasurandai Village, V.K.Pudur Taluk, Tirunelveli District in pursuance of the petitioner's representation dated 21.07.2017. For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.A.K.Baskara Pandian, Special Government Pleader.

O R D E R

This Writ petition has been filed for issuing a Writ of Mandamus, to direct the respondents to grant permission to the petitioner to perform various events including cultural programme on 16.08.2017 during the celebration of Mulapari festival to Sri Santhipillaiyar temple, Keelasurandai Village, V.K.Pudur Taluk, Tirunelveli District in pursuance of 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 "cultural programme" programme on 16.08.2017 during the celebration of Mulapari festival to Sri Santhipillaiyar temple, Keelasurandai Village, V.K.Pudur Taluk, Tirunelveli District. He further submitted that in this connection, a representation was given to the 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 "cultural programme" 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, Surandai Police Station, Tirunelveli District, is directed to consider the representation of the petitioner, dated 21.07.2017 and to give permission and to provide police protection for "cultural programme"

during the celebration of Mulapari festival to Sri Santhipillaiyar temple, Keelasurandai Village, V.K.Pudur Taluk, Tirunelveli District, scheduled to be held on on 16.08.2017, subject to the following conditions; (a) the "cultural programme" programme in connection with the a festival in Sri Santhipillaiyar temple is situated at Keelasurandai Village, V.K.Pudur Taluk, Tirunelveli 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 second 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 /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Surandai Police Station, Tirunelveli District.

+1cc to M/S.S.Palani Velayutham, Advocate SR.No. 70838 +1cc to Special Government Pleader, SR.No. 71320 W.P.(MD) No. 14514 of 2017 04.08.2017 cmr/ls JM/JC/SAR 1/10.08.2017/3P/5C