R.Linga Muniyasamy, 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.14952 of 2017 R.Linga Muniyasamy ... Petitioner -Vs1. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Kulathur Police Station, Kulathur - 628 903, Thoothukudi District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to grant permission to the petitioner to conduct "Adal Padal" programme on 17.08.2017 & 18.08.2017 as part of the temple celebrations of "Sri Pathirakaliamman and Muniyasamy Temple" "Kodai Aadi Thiruvizha" at Subramaniapuram, Kulathur, Vilathikulam Taluk, Thoothukudi District.

For Petitioner : Mr.M.M.Manivel Pandian For Respondents : Mr.A.K.Baskarapandiyan, Special Government Pleader.

O R D E R

This Writ petition is filed for issuing a Writ of Mandamus seeking a direction to the second respondent to grant permission to the petitioner to conduct "Adal Padal" programme on 17.08.2017 & 18.08.2017 as part of the temple celebrations of "Sri Pathirakaliamman and Muniyasamy Temple" "Kodai Aadi Thiruvizha" at Subramaniapuram, Kulathur, Vilathikulam Taluk, Thoothukudi District.

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 17.08.2017 and 18.08.2017 in connection with the " Sri Pathirakaliamman and Muniyasamy Temple" "Kodai Aadi Thiruvizha" at Subramaniapuram, Kulathur, Vilathikulam Taluk, Thoothukudi District. He further submitted that in this connection, a representation was given to the respondents on 03.08.2017, with a request to grant permission and protection to conduct the programme on the above said date. However, the respondents 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, Kulathur Police Station, Kulathur District is directed to consider the representation of the petitioner, dated 03.08.2017 and to give permission and to provide police protection for "Aadal Padal" programme in connection with the "Sri Pathirakaliamman and Muniyasamy Temple" "Kodai Aadi Thiruvizha" at Subramaniapuram, Kulathur, Vilathikulam Taluk, Thoothukudi District, scheduled to be held on 17.08.2017 and 18.08.2017, subject to the following conditions;

(a) the "Aadal Padal" programme in connection with the " Sri Pathirakaliamman and Muniyasamy Temple" "Kodai Aadi Thiruvizha" at Subramaniapuram, Kulathur, Vilathikulam Taluk, Thoothukudi District, scheduled to be held on 17.08.2017 and 18.08.2017 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-II) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Kulathur Police Station, Kulathur - 628 903, Thoothukudi District.

+1cc to M/S. M.M.MANIVELPANDIAN, Advocate, SR.No.71905. W.P.(MD) No. 14952 of 2017 10.08.2017 gsp/dss SDS/MMS/SAR 1/11.08.2017/3P/4C