T.Yogaraj, S/O.Thangaraj, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.16880 of 2017 T.Yogaraj ... Petitioner -VsThe Inspector of Police, Soorangudi Police Station, Thoothukudi District.

... Respondent Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent herein to grant permission and to provide police protection to conduct the "Aadalum Paadalum" dance programme on 29.09.2017 in pursuant to the "Purattasi Pongal festival" in Arulmigu Bathrakaliamman Thirukoil, situated at Vembar Village, Vilathikulam Taluk, Thoothukudi District, by considering the petitioner's representation dated 05.09.2017. For Petitioner : Mr.D.Rameshkumar 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 respondents to grant permission and protection for "Aadalum Paadalum" in connection with "Purattasi Pongal festival" scheduled to be held on 29.09.2017, in Arulmigu Bathrakaliamman Thirukoil, at Vembar Village, Vilathikulam Taluk, Thoothukudi District, by considering the petitioner's representation, dated 05.09.2017.

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 "Aadalum Paadalum" in connection with "Purattasi Pongal festival" scheduled to be held on 29.09.2017, in Arulmigu Bathrakaliamman Thirukoil, at Vembar Village, Vilathikulam Taluk, Thoothukudi District. He further

submitted that in this connection, a representation was given to the respondent on 05.09.2017, 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 respondent submitted that this Court may grant permission for "Aadalum Paadalum" 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, Soorangudi Police Station, Thoothukudi District, is directed to consider the representation of the petitioner, dated 05.09.2017 and to give permission and to provide police protection for "Adalum Padalum" programme in connection with "Purattasi Pongal festival" in Arulmigu Bathrakaliamman Thirukoil, at Vembar Village, Vilathikulam Taluk, Thoothukudi District, scheduled to be held on 29.09.2017, subject to the following conditions;

(a) the "Adalum Padalum" programme in connection with 'Purattasi' Pongal festival in Arulmigu Bathrakaliamman Thirukoil, at Vembar Village, Vilathikulam Taluk, Thoothukudi District, scheduled to be held on 29.09.2017, 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 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 /True Copy/ Sub Assistant Registrar To The Inspector of Police, Soorangudi Police Station, Thoothukudi District.

+1cc to Mr.D.Rameshkumar, Advocate Sr.No.77408 RMI/LS VB/MR/KKR/SAR3/15/09/2017/3P/3C W.P.(MD) No.16880 of 2017 07.09.2017