Madras High CourtWP(MD)/15085/2017disposed of

S.Rajakannu, S/O.Shanmugam, v. The Superintendent Of Police

2017-08-11Honourable Mr Justice S.S. Sundar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.15085 of 2017 S.Rajakannu ... Petitioner -Vs1. The Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Karaiyur Police Station, Karaiyur, Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent consider the petitioner's representation dated 05.08.2017 to grant permission to conduct the "Shree Valampuri Vinayagar Kovil Sathurthi Vizha" as well as other programmes and also to conduct the "Kiramiya Isai and Aadal Padal" at about 06.00 pm to 11.00 pm on 25.08.2017 in temple namely "Shree Valampuri Vinayagar Kovil situated at Kudalur Village, Ponnamaravathi Taluk, Pudukkottai District.

For Petitioner : Mr.C.Jeyaprakash For Respondents : Mr.A.K.Baskara Pandian, Special Government Pleader.

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O R D E R

The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus seeking a direction to 2nd respondent consider the petitioner's representation dated 05.08.2017 to grant permission to conduct the "Shree Valampuri Vinayagar Kovil Sathurthi Vizha" as well as other programmes and also to conduct the "Kiramiya Isai and Aadal Padal" at about 06.00 pm to 11.00 pm on 25.08.2017 in temple namely "Shree Valampuri Vinayagar Kovil situated at Kudalur Village, Ponnamaravathi Taluk, Pudukkottai 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 "Shree Valampuri Vinayagar Kovil Sathurthi Vizha" as well as other programmes and also to conduct the "Kiramiya Isai and Aadal Padal" in "Vinayagar Sathurthi Thiruvizha" at "Shree Valampuri Vinayagar Kovil situated at Kudalur Village, Ponnamaravathi Taluk, Pudukkottai District. He further submitted that in this connection, a representation was given to the second 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 respondent submitted that this Court may grant permission for "Shree Valampuri Vinayagar Kovil Sathurthi Vizha" as well as other programmes and also to conduct the "Kiramiya Isai and 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 second respondent/The Inspector of Police, Karaiyur Police Station, Karaiyur, Pudukkottai District, is directed to consider the representation of the petitioner, dated 05.08.2017 and to give permission and to provide police protection for "Shree Valampuri Vinayagar Kovil Sathurthi Vizha" as well as other programmes and also to conduct the "Kiramiya Isai and Aadal Padal" programme in connection with "Vinayagar Sathurthi Thiruvizha",at "Shree Valampuri Vinayagar Kovil situated at Kudalur Village, Ponnamaravathi Taluk, Pudukkottai District scheduled to be held on 25.08.2017 , subject to the following conditions;

(a) the "Shree Valampuri Vinayagar Kovil Sathurthi Vizha" as well as other programmes and also to conduct the "Kiramiya Isai and Aadal Padal" programme in connection with "Vinayagar Sathurthi Thiruvizha", at "Shree Sithi Vinayagar Kovil situated situated at Thuvariman and Post, Madurai South Taluk, Madurai Districtscheduled to be held on 25.08.2017 at 6.00 p.m., 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 Second 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.

7. With the above direction, the Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Karaiyur Police Station, Karaiyur, Pudukkottai District.

+1 cc to Mr.C.Jeya Prakash , Advocate in SR.No. 72188 +1 cc to The Special Government Pleader in SR.No.72568 Is/trp AE/SKN RSK/SAR2/21.08.2017/4P/5C W.P.(MD) No. 15085 of 2017 11.08.2017