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Madras High CourtWP(MD)/14949/2017disposed of

Ramajeyam, v. The Inspector Of Police

2017-08-10Honourable Mr Justice S.S. Sundar3 pages

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.14949 of 2017 Ramajeyam : Petitioner -VsThe Inspector of Police, Keeranur Police Station, Pudukkottai 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 protection for cultural event namely "Adal Padal" scheduled to be held on 12.08.2017 at night in connection with "Aadi Festival" in "Arulmigu Sri Muniyandavar Kovil", at Puliyur Village, Kulathur Taluk, Pudukkottai District, by considering the petitioner's representation dated 27.07.2017. For Petitioner : Mr.M.S.Jeyakarthik For Respondent : Mr.A.K.Baskarapandian Special Government Pleader ***

O R D E R

This petition has been filed for issuance of a Writ of Mandamus directing the respondent to grant permission and protection for cultural event namely "Adal Padal" scheduled to be held on 12.08.2017 at night in connection with "Aadi Festival" in "Arulmigu Sri Muniyandavar Kovil", at Puliyur Village, Kulathur Taluk, Pudukkottai District, by considering the petitioner's representation dated 27.07.2017.

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" on 12.08.2017 in connection with a festival of "Arulmigu Sri Muniyandavar Kovil", at Puliyur Village, Kulathur Taluk, Pudukkottai District. He further submitted that in this connection, a representation was given to the respondent on 27.07.2017, with a request to grant permission and protection to conduct the programmes on the above said date. on the ground that permitting of such programme is likely to bring law and order problem and hence, the petitioner is

before this Court with this Writ Petition.

4.The learned Special Government Pleader appearing for the respondent, on instructions, submitted no untoward incident is reported and that this Court may grant permission for "Adal Padal" subject to stringent conditions.

5.Considering the facts and circumstances of the case, this Court is direct the respondent to consider the representation of the petitioner dated 27.07.2017 and the Writ petition is disposed of with the following direction:- The Sub Inspector of Police, Keeranur Police Station, Pudukkottai District, is directed to consider the representation of the petitioner, dated 27.07.2017 and to give permission and to provide police protection for "Adal Padal" in connection with a festival of "Arulmigu Sri Muniyandavar Kovil", at Puliyur Village, Kulathur Taluk, Pudukkottai District, scheduled to be held on 12.08.2017, subject to the following conditions; (a) the "Adal Padal" in connection with a festival of " Arulmigu Sri Muniyandavar Kovil", at Puliyur Village, Kulathur Taluk, Pudukkottai District, scheduled to be held on 12.08.2017, should be completed before 10.30 p.m.

(b) double meaning songs should not be played so as to spoil the minds of students and the youth; (c) no songs, touching upon any political party or religion, community or caste be played;

(d) no flex boards in support of any political party or religious leader be erected;

(e) the function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;

(f) 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;

(g) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time; (h) the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme; and

(i) 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-II) /True copy/ Sub Assistant Registrar To The Inspector of Police, Keeranur Police Station, Pudukkottai District.

+1cc to Mr.M.S.Jeyakarthik,Advocate,SR.71901 W.P.(MD) No.14949 of 2017 10.08.2017 DSS/GSP KK/MMS/SAR1/11.08.2017/ 2P- 3C