R.Vallalaraja, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2016
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.14074 of 2016 R.Vallalaraja ... Petitioner -vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli 2.The Sub Inspector of Police Pavoorchatram Police Station, Pavoorchatram Tirunelveli District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the records of the 2nd respondent letter 01.08.2016 and set aside the same and consequently direct the 2nd respondent to give permission and police protection for the event of Adal Padal to be scheduled on 16.08.2016 at about 10 pm at the temple festival of Arulmigu Palavesakkaran Temple Kodai Festival at Muthukrishnaperi V.K.Pudur Taluk Tirunelveli District within the period stipulated by this Court.
For Petitioner : Mr.M.Mohamed Sherbudeen For Respondents : Mr.D.Muruganandham Addl. Govt. Pleader
O R D E R
The writ petition has been filed challenging the order passed by the 2nd respondent dated 01.08.2016 rejecting the request of the petitioner for seeking permission and police protection for the event of Adal Padal to be scheduled on 16.08.2016 at the temple festival of Arulmigu Palavesakkaran Temple, Kodai Festival at Muthukrishnaperi, V.K.Pudur Taluk, Tirunelveli District.
2.Mr.D.Muruganandham, 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 respondent, but, however, the same was rejected by the 2nd respondent 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. https://hcservices.ecourts.gov.in/hcservices/
5.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the permission sought for by the petitioner has been rejected on the ground that there is likelihood of people demanding for the singing of the song with reference to their caste.
6. Perusal of the impugned order of rejection would go to show that the 2nd respondent has refused the permission only anticipating some law and order problem. Therefore, it is not sufficient to say that there is likelihood of problem arising and no specific incident or specific circumstances are pointed out for the apprehension of the respondents. Accordingly, the Writ Petition is allowed and the order of rejection dated 01.08.2016 is set aside. The 2nd respondent is directed to accord permission to the petitioner to conduct Adal Padal at the temple festival of Arulmigu Palavesakkaran Temple Kodai Festival at Muthukrishnaperi V.K.Pudur Taluk Tirunelveli District scheduled on 16.08.2016 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 ASST REGISTRAR ( AE ) TRUE COPY SUB ASST REGISTRAR RR To 1.The Superintendent of Police, Tirunelveli District,Tirunelveli 2.The Sub Inspector of Police Pavoorchatram Police Station, Pavoorchatram Tirunelveli District 1CC TO MR. M. MOHAMMED SHERBUDEEN, ADVOCATE SR: 42157 1CC TO THE SPL GOVT PLEADER SR 42610 PA GSV PM SARIII 8 8 2016 2P 5C ORDER MADE IN W.P(MD)No.14074 of 2016 05.08.2016 https://hcservices.ecourts.gov.in/hcservices/