O.Rajkumar v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2016

CORAM:

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD)No.11923 of 2016 O.Rajkumar ... Petitioner Vs.

1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Gandhi Market Police Station, Trichy.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 2nd respondent to give permission to his temple festival for conducting "Karakattam Kalainigalchi" at the evening hours on 07.07.2016 in Arulmigu Shri Ilankaliamman Kovil at Varaganeri, Trichy.

For Petitioner : Mr.R.Rajesh For Respondents : Mr.D.Muruganandam, Addl. Govt. Pleader.

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the 2nd respondent to give permission and protection to conduct the "Karakattam Kalainigalchi" on 07.07.2016 in Arulmigu Shri Ilankaliamman Kovil at Varaganeri, Trichy. 2.Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4.The learned counsel appearing for the petitioner would submit that the programme is being conducted by the villagers

regularly in order to promote harmony during the above said festival period; that a representation was given to the 2nd respondent, but, however, the same was not considered by the 2nd respondent so far and hence, the petitioner is before this Court with this writ petition. The learned counsel appearing for the petitioner would further submit that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration. 5.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the permission sought for by the petitioner may be granted with appropriate and stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme. 6.

Accordingly, in view of the submission made by the learned Additional Government Pleader, the Writ Petition is disposed of with the direction to the 2nd respondent police to accord permission to the petitioner to conduct the "Karakattam Kalainigalchi" in Arulmigu Shri Ilankaliamman Kovil at Varaganeri, Trichy, scheduled on 07.07.2016 between 07.00 p.m., and 10.30 p.m.

(b) Songs conveying obscene double meaning should not be played in order to avoid awkwardness;

(c) No dance or songs, touching upon the conduct of any political party or community or caste be played; (d) No flex boards in support of any political party or religious leader be erected;

(e) The programme shall be conducted without showing any discrimination based on caste / community etc., and it shall be ensured that it is towards promoting communal harmony; (f) the participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme; (g) In respect of untoward incident occurring, the organizers of the programme be responsible for the same; (h) If there is any violation of any of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS)

To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Gandhi Market Police Station, Trichy.

+1cc to the Special Government Pleader, Sr.No.34912 +1cc to Mr.R.Rajesh, Advocate, Sr.No.34817 sj JM/SK-SKN/SAR-III/05.07.2016/3P-5C ORDER MADE IN W.P(MD)No.11923 of 2016 05.07.2016