Madras High CourtWP(MD)/23498/2017disposed of

Ramprabu, S/O.Ganesan, v. The Superintendent Of Police,

2017-12-20Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.23498 of 2017 Ramprabu ... Petitioner -Vs1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2. The Inspector of Police, Emaneshwaram Police Station, Ramanathapuram District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to give permission and police protection for conducting "Adal Padal" Dance Programme on 26.12.2017(Tuesday) night at about 7.00 p.m., at Emaneshwaram Christian Street, Periyanadu Ilaignar Pasarai Christmas Festival, situate at Christian Street Ground, Emaneshwram, Paramakudi, Ramanathapuram District, on the basis of the petitioner's representation, dated 16.12.2017.

For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.D.Muruganantham, Additional Government Pleader.

O R D E R

This Writ petition is filed for issuing a Writ of Mandamus, directing the respondents to give permission and police protection for conducting "Adal Padal" Dance Programme on 26.12.2017(Tuesday) night at about 7.00 p.m., in connection with Periyanadu Ilaignar Pasarai Christmas Festival, at Christian Street Ground, Emaneshwaram Christian Street, Emaneshwram, Paramakudi, Ramanathapuram District, on the basis of the petitioner's representation, dated 16.12.2017.

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

3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct "Adal Padal" programme on 26.12.2017 in connection with Periyanadu Ilaignar Pasarai Christmas Festival, in Christian Street Ground, Emaneshwaram

Christian Street, Emaneshwram, Paramakudi, Ramanathapuram District. He further submitted that in this connection, a representation was given to the respondents on 16.12.2017, with a request to grant permission and protection to conduct the programme on the above said date. However, the respondents have not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.

4. The learned Additional Government Pleader on instructions submitted that there is a dispute between two groups in respect of land and that there is a likelihood of law and order problem.

5. The dispute, even according to the learned Additional Government Pleader pertains to the cultural event and the persons who are organizing the "Adal Padal" programme. It is not actually brought to the notice of this Court that any significant connection between the event that is organized by the petitioner and the dispute. In such circumstances, this Court is unable to see any reason to decline the permission to the petitioner to conduct the cultural event in relation to temple festival.

6. Considering the facts and circumstances of the case, the Writ Petition is disposed of with the following directions: The second respondent/The Inspector of Police, Emaneshwaram Police Station, Ramanathapuram District, is directed to consider the representation of the petitioner, dated 16.12.2017 and to give permission and to provide police protection for "Adal Padal" programme in connection with Periyanadu Ilaignar Pasarai Christmas Festival, in Christian Street Ground, Emaneshwaram Christian Street, Emaneshwram, Paramakudi, Ramanathapuram District, scheduled to be held on 26.12.2017, subject to the following conditions; (a) the "Adal Padal" programme in connection with Periyanadu Ilaignar Pasarai Christmas Festival, in Christian Street Ground, Emaneshwaram Christian Street, Emaneshwram, Paramakudi, Ramanathapuram District, scheduled to be held on 26.12.2017 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.

7. The second respondent is at liberty to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity 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(CS-I) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Emaneshwaram Police Station, Ramanathapuram District.

+1cc to Special Government Pleader, SR.No. 94337 +1cc to M/S.V.Malaiyendran, Advocate SR.No. 94015 W.P.(MD) No.23498 of 2017 20.12.2017 PMU JM/SV MMS/SAR 1/22.12.2017/3P/5C