G.Ganesan, S/O.Govindan, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.16132 of 2017 G.Ganesan ... Petitioner -Vs1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Sub-Inspector of Police, Namanasamudram Police Station, Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant permission and protection for "Aadal Paadal" programme perform in "Thiruvizha" scheduled to be held on 29.08.2017 at Arulmigu Sri Alagiyadevi Ambal Thirukovil at Lambalakkudi Village, Lambalakkudi Post, Thirumayam Taluk, Pudukkottai District by considering the petitioner's representation dated 24.08.2017. For Petitioner : Mr.R.Karthic Rajan For Respondents : Mr.A.K.Baskarapandiyan, Special Government Pleader.

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O R D E R

This Writ petition has been filed for issuance of a Writ of Mandamus seeking a direction to the respondents to grant permission and protection for "Aadal Paadal" programme perform in "Thiruvizha" scheduled to be held on 29.08.2017 at Arulmigu Sri Alagiyadevi Ambal Thirukovil at Lambalakkudi Village, Lambalakkudi Post, Thirumayam Taluk, Pudukkottai District by considering the petitioner's representation dated 24.08.2017. 2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Adal Padal" programme on 29.08.2017 in connection with "Thiruvizha" in "Arulmigu Alagiyadevi Ambal Thirukovil", situated at Lambalakkudi Village, Lambalakkudi Post, Thirumayam Taluk, Pudukkottai District. He further submitted that in this connection, a representation was given to the respondent on 24.08.2017, 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 Special Government Pleader appearing for the respondent submitted that this Court may grant permission for "Adal Padal" 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 second respondent/The Sub - Inspector of Police, Namanasamudram Police Station, Pudukkottai District, is directed to consider the representation of the petitioner, dated 24.08.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with "Thiruvizha" in "Arulmigu Alagiyadevi Ambal Thirukovil", situated at Lambalakkudi Village, Lambalakkudi Post, Thirumayam Taluk, PudukkottaiDistrict, scheduled to be held on 29.08.2017, subject to the following conditions;

(a) the "Adal Padal" programme in connection with the "Thiruvizha" in "Arulmigu Alagiyadevi Ambal Thirukovil", at Lambalakkudi Village, Lambalakkudi Post, Thirumayam Taluk, Pudukkottai District, scheduled to be held on 29.08.2017 should be completed before 10.30 p.m. or within the time permitted by the respondent police.

(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 the 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 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Sub-Inspector of Police, Namanasamudram Police Station, Pudukkottai District.

+1cc to M/S.R.KARTHIC RAJAN, Advocate SR.No.74845 +1cc to Special Government Pleader, SR.No. 75103 mm / msa MAS/SV-MMS/SAR4:29.08.2017:3P-5C W.P.(MD) No.16132 of 2017 28.08.2017