P.Illaya Raja, v. The State Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.15422 of 2017 P.Illaya Raja ... Petitioner -VsThe state represented by 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Vadipatti Police Station, Madurai District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to grant permission and give necessary Police protection for conducting Adal Padal programme on 25.08.2017, in connection with the Festival of Arulmighu Santhana Karuppusamy temple and Arulmighu Viriya Perumal temple which is situated at Kachaikatti Village, Vadipatti Taluk, Madurai District, on the basis of petitioner's representation dated 09.08.2017. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.S.Sadhis Kumar Additional Government Pleader.

O R D E R

This Writ petition is filed for issuing a Writ of Mandamus seeking a direction to the respondents to grant permission and protection for conducting Adal Padal programme on 25.08.2017, in connection with the Festival of Arulmighu Santhana Karuppusamy temple and Arulmighu Viriya Perumal temple which is situated at Kachaikatti Village, Vadipatti Taluk, Madurai District, on the basis of petitioner's representation dated 09.08.2017.

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 "Adal Padal" programme on 25.08.2017. He further submitted that in this connection, a representation was given to the respondent on 09.08.2017, 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 "Adal 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 2nd respondent/The Inspector of Police, Vadipatti Police Station, Madurai District, is directed to consider the representation of the petitioner, dated 09.08.2017 and to give permission and to provide police protection for "Adal Padal" programme at Arulmighu Santhana Karuppusamy temple and Arulmighu Viriya Perumal temple which is situated at Kachaikatti Village, Vadipatti Taluk, Madurai District scheduled to be held on 25.08.2017, subject to the following conditions; (a) the "Adal Padal" programme in connection with the festival in " Arulmighu Santhana Karuppusamy temple and Arulmighu Viriya Perumal temple which is situated at Kachaikatti Village, Vadipatti Taluk, Madurai District, scheduled to be held on 25.08.2017 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 /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Vadipatti Police Station, Madurai District.

+1cc to M/S.B.Jameel Arasu, Advocate SR.No. 73166 +1cc to Special Government Pleader, SR.No. 73187 W.P.(MD) No. 15422 of 2017 17.08.2017 das/msa/cp JM/SV MMS/SAR 3/22.08.2017/3P/5C