Muthuramalingam v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 15462 of 2017 Muthuramalingam ... Petitioner -Vs1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Salaigramam Police Station, Sivagangai 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 and protection for cultural event namely Aadal Padal scheduled to be held on 02.09.2017 at night in connection with "Aavani Festival" in Arulmigu Sri Kaliamman Kovil at Aakkavayal Village, Suraanam Via, Ilayaankudi Taluk, Sivagangai District by considering the petitioner's representation dated 30.07.2017.
For Petitioner : Mr.J.M.Jeyakarthick For Respondents : 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 second respondent to grant permission and protection for cultural event namely Aadal Padal scheduled to be held on 02.09.2017 at night in connection with "Aavani Festival" in Arulmigu Sri Kaliamman Kovil at Aakkavayal Village, Suraanam Via, Ilayaankudi Taluk, Sivagangai District by considering the petitioner's representation dated 30.07.2017.
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 "Aadal Padal Programme" on 02.09.2017 in connection with a "Aavani Festival" in Arulmigu Sri Kaliamman Kovil at Aakkavayal Village, Suraanam Via, Ilayaankudi
Taluk, Sivagangai District. He further submitted that in this connection, a representation was given to the respondent on 30.07.2017, with a request to grant permission and protection to conduct the programmes on the above said date. However, the second 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 respondents on instructions submitted that this Court may grant permission for "Aadal Padal Programme" subject to stringent conditions.
5. Considering the facts and circumstances of the case, Writ petition is allowed with the following direction:- The second respondent/The Inspector of Police, Salaigramam Police Station, Sivagangai District, is directed to consider the representation of the petitioner, dated 30.07.2017 and to give permission and to provide police protection for "Aadal Padal Programme" in connection with a "Aavani Festival" in Arulmigu Sri Kaliamman Kovil at Aakkavayal Village, Suraanam Via, Ilayaankudi Taluk, Sivagangai District, subject to the following conditions; (a) the "Aadal Padal Programme" in connection with a "Aavani Festival" in Arulmigu Sri Kaliamman Kovil at Aakkavayal Village, Suraanam Via, Ilayaankudi Taluk, Sivagangai District, should be completed before 10.30 p.m. or within the time permitted by the second 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(RTI) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Salaigramam Police Station, Sivagangai District.
+1cc to M/S.J.M.JEYAKARTHICK, Advocate SR.No.73082 +1cc to Special Government Pleader, SR.No. 73471 rmk/cmr MAS/SV-MMS/SAR2:30.08.2017:3P-5C W.P.(MD) No. 15462 of 2017 18.08.2017