S.Alagesan, S/O.Senthurpandi v. State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.14517 of 2017 S.Alagesan ... Petitioner -VsState Rep. by The Inspector of Police, Sayarpuram Police Station, Thoothukudi District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to permit the petitioner to conduct the cultural function viz., Aadal Padal during the temple festival of "Arulmighu Pathirakalimman Temple", Thearku Kovankadu, Palaiyakayal Via Srivaikundam Taluk, Thoothukudi District on 06.09.2017 between 07.00 pm to 12.00 pm and further direct the respondent to give adequate police protection for the above said programme. For Petitioner : Mr.K.Veilmuthu For Respondent : Mr.A.K.Baskara pandian, 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 respondent to permit the petitioner to conduct the cultural function viz., Aadal Padal during the temple festival of "Arulmighu Pathirakalimman Temple", Thearku Kovankadu, Palaiyakayal Via Srivaikundam Taluk, Thoothukudi District on 06.09.2017 between 07.00 pm to 12.00 pm and further direct the respondent to give adequate police protection for the above said programme.

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 06.09.2017 in connection with a festival in "Arulmighu Pathirakalimman Temple", Thearku Kovankadu, Palaiyakayal Via Srivaikundam Taluk, Thoothukudi District. He further submitted

that in this connection, a representation was given to the respondent on 31.07.2017, 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 respondent/The Inspector of Police, Sayapuram Police Station, Thoothukudi District, is directed to consider the representation of the petitioner, dated 31.07.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with a festival in "Arulmighu Pathirakalimman Temple", Thearku Kovankadu, Palaiyakayal Via Srivaikundam Taluk, Thoothukudi District, scheduled to be held on 06.09.2017, subject to the following conditions; (a) the "Adal Padal" programme in connection with the a festival in "Arulmighu Pathirakalimman Temple", Thearku Kovankadu, Palaiyakayal Via Srivaikundam Taluk, Thoothukudi District, scheduled to be held on 06.09.2017 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 / True Copy / Sub Assistant Registrar(C.S.) To The Inspector of Police, Sayarpuram Police Station, Thoothukudi District.

+1cc to M/S.K.VEIL MUTHU, Advocate SR.No.70101 +1cc to Special Government Pleader, SR.No.70886 cp/dsk MAS/MR-KKR/SAR1:08.08.2017:3P-4C W.P.(MD) No. 14517 of 2017 03.08.2017