Ranjith Kumar v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.14898 of 2017 A.Ranjithkumar ... Petitioner -Vs1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Thiruvegamputhur Police Station, Sivagangai 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 and necessary Police protection to perform the cultural programme (ie.,) Dance Programme on 11.08.2017 at 7.00pm to 12.00 pm in the festival of Arulmighu Sri Mariamman Thirukovil Thiruvizha at Kulamangalam, Keelauchani Post, Devakottai Taluk, Sivangai District.

For Petitioner : Mr.V.Manikandan For Respondents : Mr.N.S.Kathikeyan Additional Government Pleader.

O R D E R

This Writ petition is filed for issuing a Writ of Mandamus directing the respondents to grant permission and necessary Police protection to perform the cultural programme (ie.,) Dance Programme on 11.08.2017 at 7.00pm to 12.00 pm in the festival of Arulmighu Sri Mariamman Thirukovil Thiruvizha at Kulamangalam, Keelauchani Post, Devakottai Taluk, Sivangai District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct cultural programme on 11.08.2017 at 7.00pm to 12.00 pm in the festival of Arulmighu Sri Mariamman Thirukovil Thiruvizha at Kulamangalam, Keelauchani Post, Devakottai Taluk, Sivangai District. He further submitted that in this connection, a representation was given to the respondent on 02.08.2017, 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 Additional Government Pleader appearing for the respondents submitted that this Court may grant permission for 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 respondent/The Inspector of Police, Thiruvegamputur Police Station, Sivagangai District, is directed to consider the representation of the petitioner, dated 02.08.2017 and to give permission and to provide police protection for cultural programme on 11.08.2017 at 7.00pm to 12.00 pm in the festival of Arulmighu Sri Mariamman Thirukovil Thiruvizha at Kulamangalam, Keelauchani Post, Devakottai Taluk, Sivangai District, scheduled to be held on 11.08.2017, subject to the following conditions;

(a) the cultural programme in connection with the "festival of Arulmighu Sri Mariamman Thirukovil Thiruvizha at Kulamangalam, Keelauchani Post, Devakottai Taluk, Sivangai District, scheduled to be held on 11.08.2017 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(CS-III) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Thiruvegamputhur Police Station, Sivagangai District.

+1cc to Mr.V.Manikandan,Advocate,SR.71791 W.P.(MD) No. 14898 of 2017 09.08.2017 DAS/AKV KK/MMS/SAR2/10.08.2017/ 3P- 4C/