P.Dittokumar, S/O.Pavunraj, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 16006 of 2017 P.Dittokumar ... Petitioner -VsThe Inspector of Police, C2, Subramaniyapuram (L & O) Police Station, Madurai City, Madurai.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 13.08.2017 passed by the respondent and to quash the rejected portion of the Aadal Padal on 03.09.2017 and consequently directing the respondent to grant permission and necessary protection to perform the Aadal Padal on 03.09.2017 at 7.00pm in the eve of Arulmigu Sri Mahakaliamman Thirukoil at Arasinar Colony, Paikkara, Madurai. For Petitioner : Mr.S. Muthumalai Raja For Respondent : Mr.S. Sadhishkumar Additional Government Pleader.

O R D E R

The petitioner has come forward with this Writ Petition for issuance of a a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 13.08.2017 passed by the respondent and to quash the rejected portion of the Aadal Padal on 03.09.2017 and consequently, directing the respondent to grant permission and necessary protection to perform the Aadal Padal on 03.09.2017 at 7.00pm in the eve of Arulmigu Sri Mahakaliamman Thirukoil at Arasinar Colony, Paikkara, Madurai.

2. The learned counsel for the petitioner would submit that the villagers jointly decided to perform "Aadal Padal" Program 03.09.207 in connection with festival at Arulmigu Sri Mahakaliamman Thirukoil at Arasinar Colony, Paikkara, Madurai. He would further submit that in this connection, a representation was given to the respondent on 13.08.2017, with a request to grant permission and protection to conduct the programme on the above

said date and the respondent Police has denied permission stating that there are likelihood of law and order problem and hence, the petitioner is before this Court with this Writ Petition.

3. The learned Additional Government Pleader appearing for the respondent would submit that the respondent police has some formal objections and admitted that no untoward incident has been report in connection with the programme during the past and this Court may grant permission for "Aadal Padal" program with stringent conditions. He would further submit that there is no adverse report against the Petitioner in conducting the " Aadal Padal".

4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

5. Taking into consideration the facts of the present case and the fact that such programmes are being organized and conducted in every villages all over the state, preventing the petitioner from conducting such programme in this particular village will amount to discrimination. Hence, the impugned order dated 13.08.2017 passed by the respondent is quashed and this Court is inclined to pass the following direction:- The respondent / The Inspector of Police, C2, Subramaniyapuram (L & O) Police Station, Madurai City, Madurai, is directed to consider the representation of the petitioner, dated 13.08.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with festival at Arulmigu Sri Mahakaliamman Thirukoil at Arasinar Colony, Paikkara, Madurai, scheduled to be held on 03.09.2017, subject to the following conditions;

(a) the "Adal Padal" programme in connection with the festival at Arulmigu Sri Mahakaliamman Thirukoil at Arasinar Colony, Paikkara, Madurai., scheduled to be held on 03.09.2017 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. The respondent police is directed to issue necessary permission, incorporating the above conditions and ensure the observance of the conditions to maintain public order and tranquillity. It is open to the respondent to take appropriate action in the event of non-observance of the conditions stipulated. There can be a total ban for putting up any Flex Boards representing any community. With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To The Inspector of Police, C2, Subramaniyapuram (L & O) Police Station, Madurai City, Madurai.

+1cc to Mr.S. Muthumalai Raja, Advocate Sr.No.74750 +1cc to Spl.Government Pleader Sr.No.74890 TRP VB/SKN/RSK/SAR2/31.08.2017/3P/4C W.P.(MD) No. 16006 of 2017 24.08.2017