Madras High CourtWP(MD)/16416/2017disposed of

M.Thangaraj, S/O.Muthu v. The Superintendent Of Police

2017-08-31Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.16416 of 2017 M.Thangaraj ... Petitioner -Vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Maraneri Police Station, Sivakasi West, Virudhunagar District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation, dated 28.08.2017 to grant permission to conduct "Aavani Pongal Festival" as well as other programmes and also to conduct the "Aadal Padal" at about 09.00 p.m to 12.00 p.m on 02.09.2017 temple namely "Sree Vetri Vinayagar Kovil" at A.Lakshmiyapuram, Sivakasi West, Virudhunagar District.

For Petitioner : Mr.C.Jeyaprakash For Respondents : 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 second respondent to consider the petitioner's representation, dated 28.08.2017 to grant permission to conduct the "Aavani Pongal Festival" as well as other programmes and also to conduct the "Aadal Padal" at about 09.00 p.m to 12.00 p.m on 02.09.2017 temple namely "Sree Vetri Vinayagar Kovil" at A.Lakshmiyapuram, Sivakasi West, Virudhunagar District.

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 "Adal Padal" programme on 02.09.2017 in connection with "Aavani Pongal Festival" in "Sree Vetri Vinayagar Kovil" at A.Lakshmiyapuram, Sivakasi West,

Virudhunagar District. He further submitted that in this connection, a representation was given to the second respondent on 28.08.2017, with a request to grant permission and protection to conduct the programme on the above said date. However, the second 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 respondents 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 Inspector of Police, Maraneri Police Station, Sivakasi West, Virudhunagar District, is directed to consider the representation of the petitioner, dated 28.08.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with "Aavani Pongal Festival" in "Sree Vetri Vinayagar Kovil" at A.Lakshmiyapuram, Sivakasi West, Virudhunagar District, scheduled to be held on 02.09.2017, subject to the following conditions; (a) the "Adal Padal" programme in connection with "Aavani Pongal Festival" in "Sree Vetri Vinayagar Kovil" at A.Lakshmiyapuram, Sivakasi West, Virudhunagar District, scheduled to be held on 02.09.2017, should be completed before 10.30 p.m., or as may be directed by the second 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 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(RTI) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Maraneri Police Station, Sivakasi West, Virudhunagar District.

+1cc to Mr.C.JEYAPRAKASH Advocate in SR. NO. 75695 PMU/LS JS/MR/SAR.1/1.9.2017/3P-4C W.P.(MD) No.16416 of 2017 31.08.2017