K.Sathivel v. The Inspector 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.15624 of 2017 K.Sakthivel ... Petitioner -VsThe Inspector of Police, Kujiliamparai Police Station, Dindigul District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to give police production to conduct cultural programme "Music and Dance" on 31.08.2017 during the temple festival of "Arulmigu Vinayagar Temple" situated at Kalapatti Village, Alambadi Post, Vedachandhur Taluk, Dindigul District by considering the representation of the petitioner dated 16.08.2017. For Petitioner : Mr.S.Sekar For Respondent : Mr.S.Sathishkumar, Additional Government Pleader.

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O R D E R

This Writ petition is filed for issuing a Writ of Mandamus directing the respondent to give police protection to conduct cultural programme "Music and Dance" 0n 31.08.2017 during the temple festival of "Arulmigu Vinayagar Temple" situated at Kalapatti Village, Alambadi Post, Vedachandhur Taluk, Dindigul District by considering the representation of the petitioner dated 16.08.2017.

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 the "Music and Dance" programme on 31.08.2017 in connection with the " Arulmigu Vinayagar Temple" situated at Kalapatti Village, Alambadi Post, Vedachandhur Taluk, Dindigul 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 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.

4. The learned Additional Government Pleader appearing for the respondents submitted that this Court may grant permission for "Music and Dance" programme subject to stringent conditions.

5. Considering the facts and circumstances of the case, the Writ Petition is disposed of with the following directions: The respondent/The Inspector of Police, Kujiliamparai Police Station, Dindigul District, is directed to consider the representation of the petitioner, dated 16.08.2017 and to give permission and to provide police protection for "Music and Dance" programme in connection with the "Arulmigu Vinayagar Temple" situated at Kalapatti Village, Alambadi Post, Vedachandhur Taluk, Dindigul District, scheduled to be held on 31.08.2017, subject to the following conditions;

(a) the "Music and Dance" programme in connection with the "Arulmigu Vinayagar Temple" situated at Kalapatti Village, Alambadi Post, Vedachandhur Taluk, Dindigul District, scheduled to be held on 31.08.2017 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 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.

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 The Inspector of Police, Kujiliamparai Police Station, Dindigul District.

+1cc to M/S.S.SEKAR, Advocate SR.No.73645 dss/cmr MAS/KK/SAR2:28.08.2017:3P-3C W.P.(MD) No. 15624 of 2017 21.08.2017