Paramasivan v. The Sub-Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.15561 of 2017 Paramasivan ... Petitioner Vs.

The Sub Inspector of Police, Moolaikaranpatti Police Station, Moolaikaranpatti, Tirunelveli District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to provide adequate police protection for the Musical orchestra will be held on 30.08.2017 between 7 to 11 pm in-front of the Perumal Samy Muthumalaiamman Kovil, Moolaikaraipatti Post, Nanguneri Taluk, Tirunelveli District. For Petitioner : Mr.RM.Arun Swaminathan For Respondent : Mr.S.Sadhish Kumar 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 and necessary protection to perform "Musical Orchestra" on 30.08.2017 in the eve of the "Perumal Samy Muthumalaiamman Kovil" at Moolaikaraipatti Post, Nanguneri Taluk, Tirunelveli District, by considering the petitioner's representation, dated 10.08.2017.

2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Musical orchestra" programme on 30.08.2017 in connection with a festival of "Perumal Samy Muthumalaiamman Kovil" at Moolaikaraipatti Post, Nanguneri Taluk, Tirunelveli District. He further submitted that in this connection, a representation was given to the respondent on 10.08.2017, 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.

3. The learned Additional Government Pleader appearing for the respondent submitted that this Court may grant permission for "Musical Orchestra" programme with stringent conditions. He further submitted that there is no adverse remarks against the petitioner in conducting the "Musical Orchestra" programme, on 30.08.2017.

4. Considering the facts and circumstances of the case, the Writ petition is disposed of with a direction to the respondent/Sub-Inspector of Police, Moolaikaranpatti Police Station, Moolaikaranpatti, Tirunelveli District, to consider the representation of the petitioner, dated 10.08.2017 and to give permission and to provide police protection for "Musical Orchestra" programme in connection with the festival of "Perumal Samy Muthumalaiamman Kovil" at Moolaikaraipatti Post, Nanguneri Taluk, Tirunelveli District, scheduled to be held on 30.08.2017, subject to the following conditions and any other reasonable restrictions that may be imposed by the respondent in the interest of public and to preserve the law and order:

(a) the "Musical Orchestra" programme in connection with the festival of "Perumal Samy Muthumalaiamman Kovil" at Moolaikaraipatti Post, Nanguneri Taluk, Tirunelveli District, scheduled to be held on 30.08.2017 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 dance 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.

No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To The Sub Inspector of Police, Moolaikaranpatti Police Station, Moolaikaranpatti, Tirunelveli District.

+1cc to Mr.R.M.Arun Swaminathan, Advocate in SR.No.74151 srm AE/MR KKR/SAR1/24.08.2017/3P/3C W.P.(MD)No.15561 of 2017 22.08.2017