K.Esakkimuthu, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.13603 of 2016 K.Esakkimuthu ... Petitioner -vsThe Inspector of Police, Sathankulam Police Station, Thoothukudi District ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondent herein to look into the grievance of the petitioner expressed in the representation dated 26.07.2016 and thereby grant permission to conduct the "Orchestra (Music Program)" on 04.08.2016 & 05.08.2016 to the village temple "Arulmigu Vembadi Madasamy Thirukovil" (Kodai Vizha) at Pannamparai, Sathankulam - 628 704, Thoothukudi District. For Petitioner : M/s.R.Rajaraman 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 respondent herein to look into the grievance of the petitioner expressed in the representation dated 26.07.2016 and thereby grant permission to conduct the "Orchestra (Music Program)" on 04.08.2016 & 05.08.2016 to the village temple "Arulmigu Vembadi Madasamy Thirukovil" (Kodai Vizha) at Pannamparai, Sathankulam - 628 704, Thoothukudi District. 2.Mr.D.Muruganandham, 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 by the respondent so far and hence, the petitioner is before this Court https://hcservices.ecourts.gov.in/hcservices/

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 respondent police to accord permission to the petitioner to conduct "Orchestra (Music Program)" to the village temple "Arulmigu Vembadi Madasamy Thirukovil" (Kodai Vizha) at Pannamparai, Sathankulam - 628 704, Thoothukudi District scheduled on 04.08.2016 and 05.08.2016 between 07.00 p.m., and 10.30 p.m.

(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. No costs. Sd/- Assistant Registrar(CSII) /TRUE COPY/ Sub Assistant Registrar To The Inspector of Police, Sathankulam Police Station,Thoothukudi District +1cc to R.RAJARAMAN,Advocate in SR.No. 41012 +1CC THE SPECIAL GOVERNMENT PLEADER, IN SR.NO. 41229 RR JAM/02.08.16/GSV-PM/SAR AE/2P-4C ORDER MADE IN W.P(MD)No.13603 of 2016 01.08.2016 https://hcservices.ecourts.gov.in/hcservices/