Jeevanandam, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.17764 of 2017 Jeevanandam ... Petitioner Vs.
1. The Superintendent of Police, Sivagangai District, Sivagangai.
2. The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.
... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to grant permission and protection for cultural event namely Aadal Padal scheduled to be held on 23.09.2017 at night in connection with "Mulappari Urchava Festival" in Arulmigu Sri Muthumariyamman Kovil at Thondi Road, Sannathi Street, Kalayarkovil, Kalayarkovil Taluk, Sivagangai District, by considering the petitioner's representation dated 01.09.2017. For Petitioner : Mr.J.M.Jeya Karthick For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader
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 second respondent to grant permission and necessary protection to perform the cultural programme (ie.,) "Adal Padal" on 23.09.2017 in the eve of the "Arulmigu Sri Muthumariyamman Kovil" at Thondi Road, Sannathi Street, Kalayarkovil, Kalayarkovil Taluk, Sivagangai District, by considering the petitioner's representation, dated 01.09.2017.
2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Adal Padal" programme
on 23.09.2017 in connection with a festival of "Arulmigu Sri Muthumariyamman Kovil" at Thondi Road, Sannathi Street, Kalayarkovil, Kalayarkovil Taluk, Sivagangai District. He further submitted that in this connection, a representation was given to the respondent on 01.09.2017, 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.
3. The learned Additional Government Pleader appearing for the respondents submitted that this Court may grant permission for "Adal Padal" programme with stringent conditions. He further submitted that there is no adverse remarks against the petitioner in conducting the "Adal Padal" programme, on 23.09.2017.
4. Considering the facts and circumstances of the case, the Writ petition is disposed of with a direction to the second respondent/Inspector of Police, Kalaiyarkovil Police Station, Kalaiyarkovil Taluk, Sivagangai District, to consider the representation of the petitioner, dated 01.09.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with the festival of "Arulmigu Sri Muthumariyamman Kovil" at Thondi Road, Sannathi Street, Kalayarkovil, Kalayarkovil Taluk, Sivagangai District, scheduled to be held on 23.09.2017, subject to the following conditions and any other reasonable restrictions that may be imposed by the second respondent in the interest of public and to preserve law and order:
(a) the "Adal Padal" programme in connection with the festival at "Arulmigu Sri Muthumariyamman Kovil" at Thondi Road, Sannathi Street, Kalayarkovil, Kalayarkovil Taluk, Sivagangai District, scheduled to be held on 23.09.2017 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 dance 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.
No costs.
Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Sivagangai District, Sivagangai.
2. The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.
+1cc to M/S. J.M.JEYA KARTHICK, Advocate, SR.No.80633. +1cc to Special Government Pleader, SR.No.80967. W.P.(MD)No.17764 of 2017 21.09.2017 SRM SDS/SKN:RSK/SAR 1/22.09.2017/3P/5C