Madras High CourtWP(MD)/18947/2017disposed of

A.Rajakumar, v. State Rep.By

2017-10-11Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.18947 of 2017 A.Rajakumar ... Petitioner -VsState Rep. by.

The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to permit the petitioner to conduct the cultural function viz., "Adal Padal" during the temple festival of Perumalpuram "Arulmighu Mutharamman temple", 106/19 Sathiyamoorthy Nagar, Udankudi, Thiruchandur Taluk, Thoothukudi District on 12.10.2017 between 07.00 P.M to 12.00 P.M. and further direct the respondent to give adequate police protection for the above said programme. For Petitioner : Mr.S.Veilmuthu For Respondent : Mr.D.Muruganantham, 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 respondent to permit the petitioner to conduct the cultural function viz., "Adal Padal" during the temple festival of Perumalpuram "Arulmighu Mutharamman temple", situated at 106/19 Sathiyamoorthy Nagar, Udankudi, Thiruchandur Taluk, Thoothukudi District on 12.10.2017 between 07.00 P.M and 12.00 P.M. and further direct the respondent to give adequate police protection for the above said programme.

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 "Adal Padal" Dance programme on 12.10.2017 in connection with the temple festival of Perumalpuram "Arulmighu Mutharamman temple", situated at 106/19 Sathiyamoorthy Nagar, Udankudi, Thiruchandur Taluk, Thoothukudi District. He further submitted that in this connection, a representation was given to the respondent on 10.10.2017, 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.

4. The learned Additional Government Pleader appearing for the respondent submitted that this Court may grant permission for "Adal Padal" Dance 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, Kulasekarapattinam Police Station, Thoothukudi District, is directed to consider the representation of the petitioner, dated 04.10.2017 and to give permission and to provide police protection for "Adal Padal" Dance programme in connection with the temple festival of Perumalpuram "Arulmighu Mutharamman temple", situated at 106/19 Sathiyamoorthy Nagar, Udankudi, Thiruchandur Taluk, Thoothukudi District scheduled to be held on 12.10.2017, subject to the following conditions;

(a) the "Adal Padal" Dance programme in connection with the temple festival of Perumalpuram "Arulmighu Mutharamman temple", at 106/19 Sathiyamoorthy Nagar, Udankudi, Thiruchandur Taluk, Thoothukudi District , scheduled to be held on 12.10.2017 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. The respondent police is at liberty to put any other reasonable restrictions so as to maintain law and order and communal harmony. 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 The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

+One cc to M/s.K.Veilmuthu, Advocate, SR.No.82380 km/cmr RL/3C/3P/SV/MMS/SAR3/12/10/2017 W.P(MD) No. 18947 of 2017 11.10.2017