Raja Ayyavu, v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 16218 of 2017 Raja Ayyavu ... Petitioner -Vs1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Sellur Police Station, Sellur, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner representation dated 24.08.2017 to grant permission to conduct the "Aavani Pongal Festival" as well as other programmes and also to conduct the "Kiramiya Isai and Aadal Padal" at about 07.00 p.m to 01.00 p.m on 03.09.2017 in temple namely "Arulmigu Shree Muniyandi and Arulmigu Shree Mariamman Kovil" at Aruldhaspuram, Thathaneri, Madurai North Taluk, Madurai.

For Petitioner : Mr.K.M.Priscilla Jancy For Respondents : Mr.S.Sadhish Kumar Additional Government Pleader.

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O R D E R

The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus seeking a direction to the 2nd respondent to consider the petitioner representation dated 24.08.2017 to grant permission to conduct the "Aavani Pongal Festival" as well as other programmes and also to conduct the "Kiramiya Isai and Aadal Padal" at about 07.00 p.m to 01.00 p.m on 03.09.2017 in temple namely "Arulmigu Shree Muniyandi and Arulmigu Shree Mariamman Kovil" at Aruldhaspuram, Thathaneri, Madurai North Taluk, Madurai.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Kiramiya Isai and Aadal

Padal" on 03.09.2017, "Arulmigu Shree Muniyandi and Arulmigu Shree Mariamman Kovil" at Aruldhaspuram, Thathaneri, Madurai North Taluk, Madurai. He further submitted that in this connection, a representation was given to the second 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 Additional Government Pleader appearing for the respondent submitted that this Court may grant permission for "Kiramiya Isai and Aadal 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 Inspector of Police, Sellur Police Station, Sellur, Madurai 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 yearly festival of "Arulmigu Shree Muniyandi and Arulmigu Shree Mariamman Kovil" at Aruldhaspuram, Thathaneri, Madurai North Taluk, Madurai, scheduled to be held on 03.09.2017, subject to the following conditions;

(a) the "Kiramiya Isai and Aadal Padal" programme in connection with the yearly festival of "Arulmigu Shree Muniyandi and Arulmigu Shree Mariamman Kovil" at Aruldhaspuram, Thathaneri, Madurai North Taluk, Madurai, scheduled to be held on 03.09.2017 should be completed before 10.30 p.m. or within the time permitted by the second respondent.

(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 second 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(CO) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Sellur Police Station, Sellur, Madurai District.

+1cc to Mr.K.M.Priscilla Jancy, Advocate Sr.No.75214 +1cc to Spl.Government Pleader Sr.No.75108 LS/CMR VB/SKN/RSK/SAR2/31.08.2017/3P/5C W.P.(MD) No. 16218 of 2017 29.08.2017