S.Chelladurai, S/O.Samykan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.15755 of 2017 S.Chelladurai ... Petitioner -VsThe Inspector of Police, Panagudi Police Station, Panagudi, 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 to conduct "Innisai Katcheri" on 26.08.2017 at night 08.00 pm to 01.00 am in connection with the Sri Arulmighu Uyiladi Madasamy Thiru Kovil at Rajakrishnapuram, Levinjipuram Village, Radhapuram Taluk, Tirunelveli District by considering the petitioner's representation dated 17.08.2017. For Petitioner : Mr.S.R.Anbarasu For Respondent : Mr.S.Sadhish Kumar, 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 grant permission and protection to conduct "Innisai Katcheri" on 26.08.2017 at night 08.00 pm to 01.00 am in connection with the Sri Arulmighu Uyiladi Madasamy Thiru Kovil at Rajakrishnapuram, Levinjipuram Village, Radhapuram Taluk, Tirunelveli District by considering the petitioner's representation dated 17.08.2017.
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 "Innisai Katcheri" programme
on 26.08.2017 in connection with a festival in Sri Arulmighu Uyiladi Madasamy Thiru Kovil at Rajakrishnapuram, Levinjipuram Village, Radhapuram Taluk, Tirunelveli District. He further submitted that in this connection, the representations were given to the respondent on 04.08.2017 and 17.08.2017, 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 "Innisai Katcheri" 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, Panagudi Police Station, Panagudi, Tirunelveli District, is directed to consider the representations of the petitioner, dated 04.08.2017 and 17.08.2017 and to give permission and to provide police protection for "Innisai Katcheri" programme in connection with a festival in Sri Arulmighu Uyiladi Madasamy Thiru Kovil at Rajakrishnapuram, Levinjipuram Village, Radhapuram Taluk, Tirunelveli District, scheduled to be held on 26.08.2017, subject to the following conditions;
(a) the "Innisai Katcheri" programme in connection with the a festival in Sri Arulmighu Uyiladi Madasamy Thiru Kovil at Rajakrishnapuram, Levinjipuram Village, Radhapuram Taluk, Tirunelveli District, scheduled to be held on 26.08.2017 should be completed before 10.30 p.m. or as permitted by the 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(T&P) /True Copy/ Sub-Assistant Registrar To The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.
+One cc to Mr.S.R.Anbarasu, Advocate, SR.No.73808 TA RL/3C/3P/SV/MMS/SAR1/24/8/2017 W.P.(MD) No. 15755 of 2017 22.08.2017