Madras High CourtWP(MD)/13534/2016disposed of

Murugan, v. The Inspector Of Police

2016-07-29Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.13534 of 2016 Murugan ... Petitioner -vsThe Inspector of Police, Ervadi Police Station, Tirunelveli District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to permit the petitioner for conducting the "Music Concert" function on 05.08.2016 from 07.00 p.m., to 11.00 p.m., during the Sri Thalavai Nalla Madaswamy Temple, Tonavur Village, Nanguneri Taluk, Tirunelveli District.

For Petitioner : Mr.D.Venkatesh For Respondent : 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 respondent to grant permission to the petitioner to conduct music concert function on 05.08.2016, between 07.00 p.m., and 11.00 p.m., during the festival of Sri Thalavai Nalla Madaswamy Temple, Tonavur Village, Nanguneri Taluk, Tirunelveli District.

2.Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondent. 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 respondent.

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 respondent, but, however, the same was not considered so far and hence, the petitioner is before this Court with this writ https://hcservices.ecourts.gov.in/hcservices/

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 respondent, 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 respondent police to accord permission to the petitioner to conduct music concert function during the festival of Sri Thalavai Nalla Madaswamy Temple, Tonavur Village, Nanguneri Taluk, Tirunelveli District, scheduled to be held on 05.08.2016, between 07.00 p.m., and 10.30 p.m., by incorporating the following conditions:

(a)Songs conveying obscene double meaning should not be played;

(b)No songs touching upon the conduct of any political party or community or caste be played;

(c)No flex boards in support of any political party or religious leader be erected;

(d)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; (e)In respect of untoward incident occurring, the organizers of the programme be responsible for the same; (f)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(CS-I) /True copy/ Sub Assistant Registrar To The Inspector of Police, Ervadi Police Station, Tirunelveli District.

+1 cc to M/s.D.Venkatesh, Advocate in SR.No.40600 +1 cc to The Special Government Pleader in SR.No. 40594 gcg CSL/AAL-MPA/SAR-III/01.08.2016 :2P/4C W.P(MD)No.13534 of 2016 29.07.2016 https://hcservices.ecourts.gov.in/hcservices/