R.Haridoss, S/O.Rengasamy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 15567 of 2017 R.Haridoss ... Petitioner -Vs1.The Superintendent of Police, Thanjavur District.
2.The Inspector of Police, Boothalur Police Station, Thanjavur District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to give permission and protection for conducting Nattupura Kalai Nikalchi and Karaka Attam programme on 21.08.2017 at Arulmigu Sri Kaliamman Temple, Royamoondanpatti and celebrate Mandalabisekam Temple's Festival, on 21.08.2017 between 8 PM to 12.30 AM.
For Petitioner : Mr.Janath Ahmed Alias B.Janat 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 respondent to give permission and protection for conducting Nattupura Kalai Nikalchi and Karaka Attam programme on 21.08.2017 at Arulmigu Sri Kaliamman Temple, Royamoondanpatti and celebrate Mandalabisekam Temple's Festival, on 21.08.2017 between 8 PM to 12.30 AM.
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 "Nattupura Kalai Nikalchi and Karaka Attam" and Mandalabisekam Temple's Festival on 21.08.2017 in connection with a festival in "Arulmigu Sri Kaliamman Temple, situated at Royamoondanpatti, Boothalur Taluk, Thanjavur District. He further submitted that in this connection, a representation was given to the respondent on 16.08.2017, 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 respondents on instructions submitted that this Court may grant permission for "Nattupura Kalai Nikalchi and Karaka Attam" and Mandalabisekam Temple's Festival 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, Boothalur Police Station, Thanjavur District, is directed to consider the representation of the petitioner, dated 16.08.2017 and to give permission and to provide police protection for "Nattupura Kalai Nikalchi and Karaka Attam" and Mandalabisekam Temple's Festival" in connection with a festival in "Arulmigu Sri Kaliamman Temple, situated at Royamoondanpatti, Boothalur Taluk, Thanjavur District, subject to the following conditions;
(a) the "Nattupura Kalai Nikalchi and Karaka Attam" and Mandalabisekam Temple's Festival" in connection with a festival in "Arulmigu Sri Kaliamman Temple, situated at Royamoondanpatti, Boothalur Taluk, Thanjavur 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(P&A) /True Copy/ Sub Assistant Registrar.
To 1.The Superintendent of Police, Thanjavur District.
2.The Inspector of Police, Boothalur Police Station, Thanjavur District.
+1CC to Mr.Janath Ahamed , Advocate, SR.No. 73358 W.P.(MD) No. 15567 of 2017 21.08.2017 cmr/dss JM/SV MMS/SAR 4/21.08.2017/3P/4C