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Madras High CourtWP(MD)/15446/2017disposed of

P.Kannan, S/O.Perumal, v. The Inspector Of Police,

2017-08-18Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 15446 of 2017 P.Kannan ... Petitioner -VsThe Inspector of Police, Ponnamaravathy 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 to perform the program of 'Adal Padal' on 26.08.2017 night at about 07.00 p.m. to 12.30 a.m. at Arulmigu Sri Vinayagar Thirukovil situated in Ponnamaravathy Taluk, Pudukottai District and to provide adequate police protection based on his representations dated 02.08.2017.

For Petitioner : Mr.P.Veerapandian For Respondent : Mr.S.Sadhishkumar, Additional 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 the respondent to grant permission to perform the programme of 'Adal Padal' on 26.08.2017 night at about 07.00 p.m. to 12.30 a.m. at Arulmigu Sri Vinayagar Thirukovil situated in Ponnamaravathy Taluk, Pudukottai District and to provide adequate police protection based on the petitioner's representation dated 02.08.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Aadal Padal" on 26.08.2017 in connection with a festival in "Arulmigu Sri Vinayagar Thirukovil situated in Ponnamaravathy Taluk, Pudukottai District.

He further submitted that in this connection, a representation was given to the respondent on 02.08.2017, with a request to grant permission and protection to conduct the programmes on the above said date. However, the respondent has not taken any action in this regard. Hence, the petitioner is before this Court with this Writ Petition.

4. The learned Additional Government Pleader appearing for the respondent on instructions submitted that this Court may grant permission for "Aadal Padal" subject to stringent conditions.

5. Considering the facts and circumstances of the case, Writ petition is disposed of with the following direction:- The respondent / The Inspector of Police, Ponnamaravathy Police Station, Pudukottai District, is directed to consider the representation of the petitioner, dated 02.08.2017 and to give permission and to provide police protection for "Aadal Padal" in connection with a festival in "Arulmigu Sri Vinayagar Thirukovil situated in Ponnamaravathy Taluk, Pudukottai District, subject to the following conditions; (a) the "Aadal Padal" in connection with a festival in "Arulmigu Sri Vinayagar Thirukovil situated in Ponnamaravathy Taluk, Pudukottai District, should be completed before 10.30 p.m. or as allowed by the respondent.

(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, Ponnamaravathy Police Station, Pudukkottai District.

+1CC to Mr.P.Veerapandian, Advocate, SR.No.73670 +1CC to the Special Government Pleader SR.No. 73466 W.P.(MD) No. 15446 of 2017 18.08.2017 rmk/cmr JM/SV MMS/SAR 1/24.08.2017/3P/4C