Murugan, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 18137 of 2017 Murugan ... Petitioner -Vs1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Mayiladumpaarai Police Station, Theni District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to grant permission and protection for cultural event namely Aadalpadal scheduled to be held on 04.10.2017 at night in connection with "Purattasi Festival" in Arulmigu Sri Manthai Amman Kovil at Kaaliamman Kovil Street, 3rd Ward, Mayiladumpaarai, Andipatti Taluk, Theni District by considering the petitioner's representation dated 10.09.2017.

For Petitioner : Mr.J.M.Jeyakarthick For Respondents : Mr.A.K.Baskarapandian Special Government Pleader.

O R D E R

The petitioner has come forward with this Writ Petition to direct the 2nd respondent to grant permission and protection for cultural event namely Aadalpadal scheduled to be held on 04.10.2017 at night in connection with "Purattasi Festival" in Arulmigu Sri Manthai Amman Kovil at Kaaliamman Kovil Street, 3rd Ward, Mayiladumpaarai, Andipatti Taluk, Theni District, by considering the petitioner's representation dated 10.09.2017.

2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Adal Padal" dance programme on 04.10.2017 in connection with a "Purattasi Festival" in Arulmigu Sri Manthai Amman Kovil situated at Kaaliamman Kovil Street, 3rd Ward, Mayiladumpaarai, Andipatti Taluk, Theni District. He further submitted that in this connection, a representation was given to the second respondent on 10.09.2017, 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. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

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 Inspector of Police, Mayiladumparai Police Station, is directed to consider the representation of the petitioner, dated 10.09.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with "Purattasi Festival" in Arulmigu Sri Manthai Amman Kovil at Kaaliamman Kovil Street, 3rd Ward, Mayiladumpaarai, Andipatti Taluk, Theni District, scheduled to be held on 04.10.2017, subject to the following conditions; (a) the "Adal Padal" programme in connection with the "Purattasi" festival in Arulmigu Sri Manthai Amman Kovil at Kaaliamman Kovil Street, 3rd Ward, Mayiladumpaarai, Andipatti Taluk, Theni District, scheduled to be held on 04.10.2017 should be completed before 10.30 p.m., or as may be permitted 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) there should not be any Flex Boards representing any community or political leaders;

(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 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 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Mayiladumpaarai Police Station, Theni District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 81157 +1cc to Mr.J.M.JEYA KARTHICK Advocate in SR. No. 80634 CMR/MM JS/SKN.RSK/SAR.2/27.09.2017/3P-5C W.P.(MD) No. 18137 of 2017 22.09.2017