Madras High CourtWP(MD)/13059/2016disposed of

C.Madasamy Nadar v. The Superintendent Of Police

2016-07-26Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.13059 of 2016 C.Madasamy Nadar ... Petitioner -vs1.The Superintendent of Police Tuticorin District 2.The Inspector of Police West Police Station Kovilpatti Taluk Tuticorin 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 herein to give necessary police protection and permit the petitioner to conduct "Adalum Padalum" Cultural Program during Sri Pathrakaliamman Kovil Festival, Pathrakaliamman Kovil Street, Manthithoopum Kovilpatti Taluk, Tuticorin District, on 18.08.2016, based on petitioner's representation, dated 11.07.2016 to the respondents 1 and 2.

For Petitioner : Mr.M.Kaushikan 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 grant permission and necessary police protection to perform the cultural programme (ie) dance programme on 18.08.2016, in the festival of Sri Pathrakaliamman Kovil at Manthithoopum Kovilpatti Taluk, Tuticorin 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 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 second respondent police to accord permission to the petitioner to conduct cultural programme (ie) dance programme during the Festival of Sri Pathrakaliamman Kovil at Manthithoopum Kovilpatti Taluk, Tuticorin District, scheduled on 18.08.2016 between 07.00 p.m., and 10.30 p.m.

(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(AE) /True Copy/ Sub Assistant Registrar.

To 1.The Superintendent of Police, Tuticorin District.

2.The Inspector of Police, West Police Station, Kovilpatti Taluk, Tuticorin District.

+1CC to M/S.M.Kaushikan, Advocate, SR.No. 39594 +1CC to the Special Government Pleader, SR.No. 39429 ORDER MADE IN W.P(MD)No.13059 of 2016 RR AM/DB/SAR-I/11.08.2016/3P/5C