R.Nagaraj, S/O.Al.Ravi, v. The Inspector 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.15539 of 2017 R.Nagaraj ... Petitioner -VsThe Inspector of Police, Arimalam Police Station, Pudukottai District.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent herein to look into the grievance of the petitioner expressed in the representation dated 11.08.2017 and thereby accord permission to conduct the "Vinayagar Chadurthi Festival & Vinayagar Statue Carnival" and to provide adequate police protection from 25.08.2017 to 27.08.2017 at Festival Place of Vasukipuram Middle Street, Rayawaram, Thirumayam Taluk, Trichy District. For Petitioner : Mr.E.Balasubramanian For Respondent : Mr.S.Sadhishkumar Additional Government Pleader.
O R D E R
This Writ petition has been filed for issuance of a Writ of Mandamus, to direct the respondent herein to look into the grievance of the petitioner expressed in the representation dated 11.08.2017 and thereby accord permission to conduct the "Vinayagar Chadurthi Festival & Vinayagar Statue Carnival" and to provide adequate police protection from 25.08.2017 to 27.08.2017 at Vasukipuram Middle Street, Rayawaram, Thirumayam Taluk, Trichy District.
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 every year the villagers have jointly conducted Vinayagar Chadurthi Festival and this year also the villagers jointly decided to conduct Vinayagar Chadurthi Festival and Vinayagar Statue Carinval from 25.08.2017 to 27.08.2017, at Vasukipuram Middle Street, Rayawaram, Thirumayam Taluk, Trichy District. He further submitted that in this connection, a representation was also given to the respondent on 11.08.2017, with a request to grant permission and protection to conduct the programmes on the above said dates. In the representation of the petitioner, dated 11.08.2017, the
petitioner has stated the particulars of the place, in which the Vinayagar Idol is kept and the route, in which the procession will take place, on 27.08.2017. It is also stated the manner, in which the Pooja and other things should be performed, as decided by the public as well as the members of the committee, who have undertaken to organize the Vinayagar Chadurthi Festival. In such circumstances, the petitioner states that they are entitled to get permission and also police protection for three days, namely from 25.08.2017 to 27.08.2017.
4.The learned Additional Government Pleader, on instructions, submitted that the respondent has serious objection. But he fairly conceded that, permission may be granted, if the petitioner and other organizers, strictly adhere to the route and in case of any deviation, that may be suggested by the authorities concerned, having regard to the public convenience or any antecedent to maintain public order. In the said circumstances, this Court is inclined to allow the Writ Petition and the respondent is directed to permit the petitioner to conduct Vinayagar Chadurthi Festival and Vinayagar Statue Procession and to provide adequate police protection from 25.08.2017 to 27.08.2017 at Vasukipuram Middle Street, Rayawaram, Thirumayam Taluk, Trichy District, subject to the following conditions:
(a)The programme proposal indicated in the application dated 11.08.2017, should be strictly adhered to. If, the respondent has any suggestion regarding the procession, so as to avoid nuisance or to preserve public order and communal harmony, the petitioner is directed to co-operate fully without any deviation. (b)The petitioner and the organizers shall conduct the programme in a peaceful manner without causing any hindrance to the public, affecting their normal life or causing any problem or provoking anyone belonging to any other religions. (c)The petitioner and his men shall abide by any other restrictions or conditions that may be put by the respondent during the performance of Pooja or any other religious ceremony. (d)The place in which the Vinayagar Statue is located and the manner in which the procession shall take place, should be intimated to the respondents well in advance. (e)There will not be any song or slogan or dance affecting the religious sentiments of any other religion;
(f) there should not be any kind of obscene dance or vulgar dialogues during the performance, by any one of the participants; (g) The petitioner and their men shall provide sufficient security to the idols installed by them on their own and the
petitioner can not expect the respondent to provide any police force to be deployed at the place when the idols of Lord Vinayagar is installed.
(h) no flex boards in support of any political party or religious leader or community be erected;
(i) 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; (j)the participants of the programme shall not intake any kind of in-toxic substance or liquor during the procession; and (k) 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. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The Inspector of Police, Arimalam Police Station, Pudukottai District.
+1cc to M/S.E.Balasubramanian, Advocate SR.No. 73683 +1cc to Special Government Pleader, SR.No. 73489 W.P.(MD) No. 15539 of 2017 18.08.2017 cmr/rmk JM/SV MMS/SAR 2/23.08.2017/3P/4C