V.Ravi, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No. 18407 of 2017 V.Ravi ... Petitioner -Vs1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Inspector of Police, Alangulam Police Station, Tirunelveli District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to grant permission and necessary police protection to perform "Music Program" (Pattu Katcheri) on 08.10.2017, in the eve of "Arulmigu Sri Mutharamman Thiru Kovil" at Kuripangulam, Alangulam, Tirunelveli District, by considering the representation dated 21.09.2017.
For Petitioner : Mr.S.Prabhu For Respondents : Mr.D.Muruganantham, 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 second respondent to grant permission and necessary police protection to perform cultural programme, namely, "Music Program (Pattu Katcheri)" programme on 08.10.2017 in the eve of "Arulmigu Sri Mutharamman Thiru Kovil" at Kuripangulam, Alangulam, Tirunelveli District.
2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Music Program (Pattu Katcheri)" programme on 08.10.2017 in the eve of "Arulmigu Sri Mutharamman Thiru Kovil" at Kuripangulam, Alangulam, Tirunelveli District. He further submitted that in this connection, a
representation was given to the second respondent on 21.09.2017, 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 Additional Government Pleader appearing for the respondents.
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 direction:- The second respondent/Inspector of Police, Alangulam Police Station, Tirunelveli District, is directed to consider the representation of the petitioner, dated 21.09.2017 and to give permission and to provide police protection for "Music Program (Pattu Katcheri)"
programme, in the eve of "Arulmigu Sri Mutharamman Thiru Kovil" at Kuripangulam, Alangulam, Tirunelveli District, scheduled to be held on 08.10.2017, subject to the following conditions;
(a) the "Music Program (Pattu Katcheri)" programme, in the eve of "Arulmigu Sri Mutharamman Thiru Kovil" at Kuripangulam, Alangulam, Tirunelveli District, scheduled to be held on 08.10.2017, 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.
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(T&P) /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Inspector of Police, Alangulam Police Station, Tirunelveli District.
+ 1 cc TO Mr.S.Prabhu , Advocate in SR No. 81610 +1cc to The Special Government Pleader in SR.No.81642 sss AE/MR KKR/SAR4/05.10.2017/3P/5C W.P.(MD) No.18407 of 2017 04.10.2017