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Madras High CourtWP(MD)/12787/2016disposed of

O.Manikavasagam, v. The Commissioner Of Police

2016-07-21Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.12787 of 2016 O.Manickavasagam ... Petitioner -vs1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Anna Nagar Police Station Madurai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to give permission and protection to perform the cultural programme of spiritual play of Sampoorna Harichandra on 22.07.2016 in connection with the Aadi Festival in Kattikulam SOottukol Ramalingam Swamy Madalayam at Vandiyoor Madurai District.

For Petitioner : M/s.R.Srinivasan For Respondents: Mr.D.Muruganandham Addl. Govt. Pleader

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to give permission and protection to perform the cultural programme of spiritual play of Sampoorna Harichandra on 22.07.2016 in connection with the Aadi Festival in Kattikulam SOottukol Ramalingam Swamy Madalayam at Vandiyoor Madurai District. 2.Mr.D.Muruganandham, 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 people illagers regularly in order to promote harmony during the above said festival period; that a representation was given to the respondents, but, however, the same was not considered by the respondents 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 drama is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration. https://hcservices.ecourts.gov.in/hcservices/

5.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit already proceedings have been issued in Na.Ka.No.60/MLR/fh.c.M-m.e.r.x.r/k.kh/2016 dated 19.07.2016 permitted the petitioner to conduct the programme.

6. However, the learned counsel for the petitioner would submit that grant of time from 3.30 p.m. in the evening till 10.00 p.m. would not be sufficient to conduct the Drama.

7.Under such circumstances, for extension of time, the petitioner shall move the Assistant Commissioner, Anna Nagar (L&O),Madurai District, who has issued the aforesaid proceeding. On such request being made, the Assistant Commissioner shall pass orders in accordance with the law. In view of the direction and submission made by the learned Additional Government Pleader, the Writ Petition is disposed of with the direction to the second respondent police to accord permission to the petitioner to conduct the drama at Kattikulam Soottukol Ramalingam Swamy Madalayam at Vandiyoor Madurai District, scheduled on 22.07.2016 by incorporating the following conditions:

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

(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(P&A) /True Copy/ Sub Assistant Registrar.

To 1.The Commissioner of Police, Madurai City.

2.The Assistant Commissioner of Police, Annanagar (L&O), Madurai. 3.The Inspector of Police, Anna Nagar Police Station, Madurai District. +1CC to M/S. R.Srinivasan, Advocate, SR.No. 38302 +1CC to the Special Government Pleader, SR.No. 38429 ORDER MADE IN W.P(MD)No.12787 of 2016 21.07.2016 RR AM/SK.SKN/SAR-I/21.07.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/