R.Annathurai, v. The Inspector Of Police
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.18948 of 2017 R.Annathurai ... Petitioner -VsThe Inspector of Police, Natham Police Station, Dindigul District.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant permission to perform the 'Adal Padal' programme on 15.10.2017 at Arulmigu Sri Ramar Pattabisekam Thirukovil, is situated at Ammapatti, Boothakudi Post, Natham Taluk, Dindigul District and to provide adequate police protection based on the petitioner's representations dated 02.10.2017 and 09.10.2017. For Petitioner : Mr.S.Bharathi For Respondent : Mr.D.Muruganantham, Additional Government Pleader.
O R D E R
This Writ petition is filed for issuing a Writ of Mandamus, to direct the respondent to grant permission to perform the 'Adal Padal' programme on 15.10.2017 at Arulmigu Sri Ramar Pattabisekam Thirukovil, is situated at Ammapatti, Boothakudi Post, Natham Taluk, Dindigul District and to provide adequate police protection based on the petitioner's representations dated 02.10.2017 and 09.10.2017.
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 "Adal Padal" Dance programme on 15.10.2017 in connection with the temple festival of "Arulmigu Sri Ramar Pattabisekam Thirukovil", situated at Ammapatti, Boothakudi Post, Natham Taluk, Dindigul District. He further submitted that in this connection, representations were given to
the respondent on 02.10.2017 and 09.10.2017, 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, Natham Police Station, Dindigul District, is directed to consider the representations of the petitioner, dated 02.10.2017 and 09.10.2017 and to give permission and to provide police protection for "Adal Padal" Dance programme in connection with the temple festival of "Arulmigu Sri Ramar Pattabisekam Thirukovil", situated at Ammapatti, Boothakudi Post, Natham Taluk, Dindigul District scheduled to be held on 15.10.2017, subject to the following conditions;
(a) the "Adal Padal" Dance programme in connection with the temple festival of "Arulmigu Sri Ramar Pattabisekam Thirukovil", situated at Ammapatti, Boothakudi Post, Natham Taluk, Dindigul District, scheduled to be held on 15.10.2017 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, Natham Police Station, Dindigul District.
+1cc to Mr.S.Bharathi, Advocate Sr.No.82416 +1cc to Spl.Government Pleader Sr.No.82557 KM/PMU VB/SV/MMS/SAR1/13/10/2017/3P/4C W.P.(MD) No. 18948 of 2017 11.10.2017