Rameshkumar, 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.15662 of 2017 Rameshkumar ... Petitioner -VsThe Inspector of Police, Pappkudi Police Station, Tirunelveli District.
... Respondent Prayer:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant permission and protection for cultural event namely "Adal Padal" and "Asatha Povathu Yaru" Comedy Show scheduled to be held on 02.09.2017 and 04.09.2017 at night 09.00 to 01.00 respectively in connection with "Temple Festival" in "Arulmigu Sri Narayanasamy Temple at Odaikarai, Thulakkapatti, Pappakudi Village, Ambasamuthiram Taluk, Tirunelveli District, by considering the petitioner's representation dated 04.08.2017. For Petitioner : Mr.S.Selvakumar For Respondent : Mr.S.Sadhishkumar, Additional Government Pleader.
O R D E R
This Writ petition is filed for issuing a Writ Mandamus, directing the respondent to grant permission and protection for cultural event namely "Adal Padal" and "Asatha Povathu Yaru" Comedy Show scheduled to be held on 02.09.2017 and 04.09.2017 at night 09.00 to 01.00 respectively in connection with "Temple Festival" in "Arulmigu Sri Narayanasamy Temple at Odaikarai, Thulakkapatti, Pappakudi Village, Ambasamuthiram Taluk, Tirunelveli District, by considering the petitioner's representation dated 04.08.2017.
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 "Aadal Padal" and "Asatha Povathu Yaru" Comedy Show scheduled to be held on 02.09.2017 and 04.09.2017 at night 09.00 to 01.00 respectively in connection with "Temple Festival" in "Arulmigu Sri Narayanasamy Temple at Odaikarai, Thulakkapatti, Pappakudi Village, Ambasamuthiram Taluk, Tirunelveli District. He further submitted that in this connection, a representation was given to the respondent on 04.08.2017, 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 respondent submitted that this Court may grant permission for "Aadal Padal" and "Asatha Povathu Yaru" 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, Pappakudi Police Station, Tirunelveli District, is directed to consider the representation of the petitioner, dated 04.08.2017 to give permission and to provide police protection for "Adal Padal" and "Asatha Povathu Yaru" Comedy Show scheduled to be held on 02.09.2017 and 04.09.2017 at night 09.00 to 01.00 respectively in connection with "Temple Festival" in "Arulmigu Sri Narayanasamy Temple at Odaikarai, Thulakkapatti, PappakudiVillage, Ambasamuthiram Taluk, Tirunelveli" District, scheduled to be held on 02.09.2017 and 04.09.2017, subject to the following conditions; (a) the "Aadal Padal" and "Asatha Povathu Yaru" Comedy Show scheduled to be held on 02.09.2017 and 04.09.
2017 at night 09.00 to 01.00 respectively in connection with "Temple Festival" in "Arulmigu Sri Narayanasamy Temple at Odaikarai, Thulakkapatti, PappakudiVillage, Ambasamuthiram Taluk, Tirunelveli" District, scheduled to be held on 02.09.2017 and 04.09.2017 should be completed before 10.30 p.m.
(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, Pappkudi Police Station, Tirunelveli District.
+1cc to M/S. S.SELVAKUMAR, Advocate, SR.No.73721. W.P.(MD) No. 15662 of 2017 21.08.2017 dss/cmr SDS/SV:MMS/SAR 4/29.08.2017/3P/3C