Sundramoorthy v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.14885 of 2017 Sundramoorthy ... Petitioner -Vs1. The Superintendent of Police, Office of the Superintendent of Police Thanjavur District.
2. The Inspector of Police, Adirampattinam Police Station, Thanjavur District.
... 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 to conduct "Aadalum Padalum" cultural programme in Sri Sampaga Moorthi temple festival, Adhithiravidar Street, Mahilankottai (Post), Pattukottai Taluk, Thanjavur District on 21.08.2017 by considering the representation submitted by the petitioner dated 05.08.2017 in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.R.Alagumani 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 seeking a direction to the respondents to grant permission to conduct "Aadalum Padalum" cultural programme in Sri Sampaga Moorthi temple festival, Adhithiravidar Street, Mahilankottai (Post), Pattukottai Taluk, Thanjavur District on 21.08.2017 by considering the representation submitted by the petitioner dated 05.08.2017 in accordance with law within the time stipulated by this Court.
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 the "Aadalum Padalum" cultural programme on 21.08.2017 in connection with the Sri Sampaga Moorthi temple festival, Adhithiravidar Street, Mahilankottai (Post), Pattukottai Taluk, Thanjavur District. He further submitted that in this connection, a representation was given to the respondent on 05.08.2017, 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 respondents submitted that this Court may grant permission for "Aadalum Padalum"
cultural 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, Adirampattinam Police Station, Thanjavur District, is directed to consider the representation of the petitioner, dated 05.08.2017 and to give permission and to provide police protection for "Aadalum Padalum" cultural programme in connection with the "Sri Sampaga Moorthi temple festival, Adhithiravidar Street, Mahilankottai (Post), Pattukottai Taluk, Thanjavur District, scheduled to be held on 21.08.2017, subject to the following conditions;
(a) the "Aadalum Padalum" cultural programme in connection with the Sri Sampaga Moorthi temple festival, Adhithiravidar Street, Mahilankottai (Post), Pattukottai Taluk, Thanjavur District , scheduled to be held on 21.08.2017 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(AE) /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Office of the Superintendent of Police Thanjavur District.
2. The Inspector of Police, Adirampattinam Police Station, Thanjavur District.
+1cc to Mr.R.Alagumani, Advocate Sr.No.71859 +1cc to Spl.Government Pleader Sr.No.72392 GSP/DSS VB/SKN/RSK/SAR4/18/08/2017/3P/5C W.P.(MD) No. 14885 of 2017 10.08.2017