← Library
Madras High CourtWP(MD)/12286/2016disposed of

Ravi Patayar v. The Superintendent Of Police,

2016-07-14Honourable Dr. Justice P. Devadass3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2016

CORAM:

THE HONOURABLE Dr.JUSTICE P.DEVADASS W.P.(MD)No.12286 of 2016 Ravi Patayar

...Petitioner

Vs.

1.The Superintendent of Police, Trichy, Trichy District.

2.The Inspector of Police, Enamkulathur Police Station, Enamkulathur, Trichy District.

...Respondents

Prayer: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to grant permission to conduct the "Karakattam" dance program on 17.07.2016 at 10.00 p.m., onwards, in pursuant to the Aadi Festival in "Arulmigu Sri Mahasakthi Mariyamman Temple, Vadaku Ammapettai Village, Poolangulathupatti Taluk, Trichy District by considering the petitioner's representation dated 11.07.2016.

For Petitioner : Mr.P.Sivachandran For Respondents : Mr.D.Muruganandam Additional Govt.Pleader

ORDER

Ravi Patayar, a resident of Vadaku Ammapettai, Poolangulathupatti Post, Ramji Nagar via., Trichy District, seeks a direction, directing the respondents to accord permission to conduct Karaka dance programme in Arulmigu Sri Mahasakthi Mariyamman Temple, Vadaku Ammapettai Village, Poolangulathupatti Taluk, Trichy District on 17.07.2016.

2.According to the learned counsel for the petitioner, Karaka dance is the traditional dance in this State. Many people like and love to see Karaka dance. It is being conducted regularly in Mariyamman Temple festival situate at Vadaku Ammapettai Village, Poolangulathupatti Taluk, Trichy District. No obscenity will be practised by the Karaka dancers.

3.According to the learned counsel for the petitioner, as early as on 11.07.2016, a representation has been given to the respondents, as on date, no order has been passed. The function is fast approaching. Learned counsel for the petitioner further submitted that in no way they are going to obstruct public flow of life nor affect public peace and tranquillity and they are maintaining law and order. In such circumstances, withholding of granting permission is as against law.

4.The learned Additional Government Pleader appearing for the respondents submitted that as the area is prone to commission of offences under Prohibition Act and it will create law and order. In such circumstances, the permission was refused. 5.I have considered the rival submissions and perused the impugned order and also the materials on record. 6.The history of Karaka dance is age old. Even during our Tamil Kings period, this dance has been performed. But at the same time, under the pretext of conducting Karaka dance, violation of provisions of law cannot be permitted. On the one hand, traditional art must be developed. On the other hand, commission of crime should not be developed. So the Karaka dance can be permitted. But it must be regulated by the law enforcing authority.

7.Granting of permission to conduct Karaka dance during the said festival can be considered as per law. But it should not be at the cost of public tranquillity.

8.In the circumstances, the 2nd respondent namely, Inspector of Police, Enamkulathur Police Station, Trichy District, is directed to pass orders on 15.07.2016 on the representation dated 11.07.2016 given by the petitioner with regard to conducting of Karaka dance in Arulmigu Sri Mahasakthi Mariyamman Temple, Vadaku Ammapettai Village, Poolangulathupatti Taluk, Trichy District is to be held on 17.07.2016 and the orders shall incorporate the following conditions:

(a)The permission to conduct karaka dance programme shall be between 6 p.m., and 9 p.m..

(b) Obscene dance / songs / vulgar dialogues should be avoided during the programme;

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

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

(f) 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; (g) the participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme; (h) In respect of untoward incident occurring, the organizers of the programme be responsible for the same; (i) 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.

9.Mr.K.S.Balasubramani, Sub Inspector of Police, Enamkulathur Police Station, Trichy District, who is present today is also noted this order. Accordingly, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Trichy, Trichy District. 2.The Inspector of Police, Enamkulathur Police Station, Enamkulathur, Trichy District.

+1cc to Mr.P.Sivachandran, Advocate in SR.36459 +1cc to the Special Government Pleader in SR.36478 W.P.(MD)No.12286 of 2016 14.07.2016 nbj PBK/SK-SKN/SAR-II 15.07.2016 ::3P-5C:(IT)