Ayyadurai v. State Rep. By Its

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.14941 of 2017 Ayyadurai ... Petitioner -VsState represented by its, The Inspector of Police, Madhukoor Police Station, Thanjavur District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant permission and adequate police protection to conduct "Aadal Padal" programme on 14.08.2017 during the nighttime from 07.00 p.m to 02.00 a.m on the eve of "Sri Peramaiya Temple" situated in Madhukoor Post, Pattukottai Taluk, Thanjavur District based on the petitioner's representation dated 07.08.2017 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.Subashbabu For Respondent : 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 respondent to grant permission and adequate police protection to conduct "Aadal Padal" programme on 14.08.2017 during the nighttime from 07.00 p.m to 02.00 a.m on the eve of "Sri Peramaiya Temple" situated in Madhukoor Post, Pattukottai Taluk, Thanjavur District based on the petitioner's representation dated 07.08.2017 within the time limit that may be 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 "Aadal Padal" programme on 14.08.2017 in connection with the "Sri Peramaiya Temple" situated in Madhukoor Post, Pattukottai Taluk, Thanjavur District. He further submitted that in this connection, a representation was given to the respondent on 07.08.2017, 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 "Aadal 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 Inspector of Police,Madhukoor Police Station, Thanjavur District is directed to consider the representation of the petitioner, dated 07.08.2017 and to give permission and to provide police protection for "Aadal Padal" programme in connection with the " Sri Peramaiya Temple" situated in Madhukoor Post, Pattukottai Taluk, Thanjavur District, scheduled to be held on 14.08.2017, subject to the following conditions; (a) the "Aadal Padal" programme in connection with the " Sri Peramaiya Temple" situated in Madhukoor Post, Pattukottai Taluk, Thanjavur District, scheduled to be held on 14.08.2017 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(AD-II) /True Copy/ Sub Assistant Registrar To The Inspector of Police, Madhukoor Police Station, Thanjavur District.

+1cc to Mr.SUBASH BABU Advocate in SR. NO.72200 GSP/DSS JS/SV/SAR.1/1.08.2017/3P-3C W.P.(MD) No. 14941 of 2017 10.08.2017