Madras High CourtWP(MD)/14072/2016disposed of

S.Manickam v. The Inspector Of Police

2016-08-05Honourable Dr. Justice S. Vimala2 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.14072 of 2016 S.Manickam ... Petitioner -vsThe Inspector of Police, Town Police Station, Sivakasi Virudhunagar 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 to grant permission to perform the dance program of Adal Padal on 10.08.2016 and 11.08.2016 night at Arulmigu Kaliamman Thirukovil situated Urampatti Village Maraneri Post Sivakasi Taluk Virudhunagar District and to provide adequate police protection based on petitioners representation dated 27.07.2016.

For Petitioner : M/s.K.Karmegam for M/s.Mathuram Law Associates For Respondent : 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 to grant permission to perform the dance program of Adal Padal on 10.08.2016 and 11.08.2016 night at Arulmigu Kaliamman Thirukovil situated Urampatti Village Maraneri Post Sivakasi Taluk Virudhunagar District and to provide adequate police protection based on petitioners representation dated 27.07.2016.

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 with this writ petition. The learned counsel appearing for the petitioner would further submit that as the aforesaid festival is https://hcservices.ecourts.gov.in/hcservices/

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 the dance program of Adal Padal at Arulmigu Kaliamman Thirukovil situated Urampatti Village Maraneri Post Sivakasi Taluk Virudhunagar District, scheduled on 10.08.2016 and 11.08.2016 between 07.00 p.m., and 10.30 p.m., by incorporating the following conditions:

(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. No costs. Sd/ Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

To The Inspector of Police,Town Police Station,Sivakasi Virudhunagar District +1CC to M/S.Mathuram Law Associates, SR.No. 42402 +1CC to the Special Government Pleader, SR.No. 42579 ORDER MADE IN W.P(MD)No.14072 of 2016 RR AM/GSV.PM/SAR-III/08.08.2016/2P/4C (IT) https://hcservices.ecourts.gov.in/hcservices/