R.Arumugasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.13579 of 2016 R.Arumugasamy ... Petitioner Vs.

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

2.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to grant permission and protection for Adal Padal program in '31st year Aadi Pongal Festival" scheduled to be held on 01.08.2016 at Arulmigu Sree Karumariamman Thirukovil at Pandian Nagar, Thiruthangal, Virudhunagar District. For Petitioner : Mr.S.J.Chakkaravarthy For Respondents : 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 2nd respondent to grant permission and protection to conduct Aadal Padal program on 01.08.2016 in connection with the Aadi Pongal Festival" of Arulmigu Sree Karumariamman Thirukovil, Pandian Nagar, Thiruthangal, Virudhunagar District, by considering the petitioner's representation dated 28.07.2016.

2.Mr.D.Muruganandam, 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 second

respondent, but, however, the same was not considered by the second 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 a direction to the second respondent police to accord permission to the petitioner to conduct the Adal Padal program in connection with Aadi Pongal Festival" of Arulmigu Sree Karumariamman Thirukovil, Pandian Nagar, Thiruthangal, Virudhunagar District, scheduled on 01.08.2016 between 07.00 p.m. and 10.30 p.m.

(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; and (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. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar

To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

+1cc to Mr.S.J.CHAKKRAVARTHY,Advocate Sr.No. 40639 +1cc to Spl.Government Pleader Sr.No.40592 GCG AA/SK-SKN/SAR-I/29.07.2016/3p-5c ORDER MADE IN W.P(MD)No.13579 of 2016 29.07.2016