Madras High CourtWP(MD)/14018/2016disposed of

P.Tamilarasan, S/O. Paulsamy, v. The Superintendent Of Police

2016-08-05Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.14018 of 2016 P.Tamilarasan ... Petitioner -Vs1.The Superintendent of Police, Tirunelveli District.

2.The Sub Inspector of Police, Pavoorchatram Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the rejection order of the 2nd respondent dated 31.07.2016 and quash the same as illegal and direct the respondents to accord permission to conduct "Innisai Katcheri" Naiyandi Melur, Kuravar Kurathi Aattam and Karakattam from 07.00 p.m. to 11.30 p.m. at "Arulmighu Sri Sudalaimadaswamy Thirukkovil" at Chellathayarpuram, Pethanadarpatti Village, Alangulam Taluk, Tirunelveli District, scheduled to be held on 12.08.2016 and to provide adequate police protection. For Petitioner :

Mr.M.Jeyakumar For Respondents :

Mr.D.Muruganandam, Addl. Govt. Pleader

O R D E R

The writ petition has been filed praying to quash the impugned order passed by the second respondent dated 31.07.2016 with a consequential direction to the second respondent to provide police protection and permission to the petitioner to conduct "Innisai Katcheri" Naiyandi Melur, Kuravar Kurathi Aattam and Karakattam in connection with the Kodai festival of "Arulmighu Sri Sudalaimadaswamy Thirukkovil"at Chellathayarpuram, Pethanadarpatti Village, Alangulam Taluk, Tirunelveli District, from 07.00 p.m. to 11.30 p.m., on 12.08.2016.

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. He would further submit that the representation given to the second respondent was rejected vide the impugned order.

5. The learned Additional Government Pleader appearing for the respondents would submit that considering the law and problem prevalent in the area and also the venue is in roadside, the permission for conducting the programme was rejected. 6.At this juncture, the learned counsel for the petitioner on instructions gave an undertaking that the petitioner will cooperate with the traffic arrangements to be made by the respondents. The said submission is recorded. 7.In view of the above undertaking given by the learned counsel for the petitioner, the learned Additional Government Pleader, 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.

8. Accordingly, the impugned order passed by the 2nd respondent, dated 31.07.2016, is hereby quashed and the second respondent police is directed to accord permission to the petitioner to conduct "Innisai Katcheri, Naiyandi Melum, Kuravar Kurathi Aattam and Karakattam" in connection with Kodai festival of Arulmighu Sri Sudalaimadaswamy Thirukkovil at Chellathayarpuram, Pethanadarpatti Village, Alangulam Taluk, Tirunelveli District, scheduled to be held on 12.08.2016 between 07.00 p.m. and 11.30 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.

9. This writ petition is accordingly disposed of. No costs. Sd/ Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

To:

1.The Superintendent of Police, Tirunelveli District.

2.The Sub Inspector of Police, Pavoorchatram Police Station, Tirunelveli District.

+1CC to M/S.M.Jayakumar, Advocate, SR.No. 42255 +1CC to the Special Government Pleader, SR.No. 42581 W.P(MD)No.14018 of 2016 05.08.2016 gcg AM/AAL.MPA/SAR-I/08.08.2016/3P/5C (IT)