P.Velusamy, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.14460 of 2016 P.Velusamy ... Petitioner -vs1.The Superintendant of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Sankarankoil Police Station, Sankarankoil, Tirunelveli District.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to grant permission and necessary protection to perform the Village Cultural programme i.e. Innisai Katcheri (,d;dpir fr;nrhp) on 24.08.2016 at 06.00 pm to 11.00 pm and Cultural Programme on 25.08.2016 at 05.00 pm to 11.00 pm in the eve of Arulmighu Sri Krishnan Kovil Sri Krishna Jeyanthi Vizha at Muthusamiyapuram, Kadaiayanallur Taluk, Tirunelveli District by considering the petitioner's representation dated 04.08.2016. For Petitioner : Mr.A.R.Kannappan 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 respondents to grant permission and necessary protection to perform the Village Cultural programme i.e. Innisai Katcheri on 24.08.2016 at 06.00 pm to 11.00 pm and Cultural Programme on 25.08.2016 at 05.00 pm., to 11.00 pm., in the eve of Arulmighu Sri Krishnan Kovil Sri Krihna Jeyanthi Vizha at Muthusamiyapuram, Kadaiayanallur Taluk, Tirunelveli District by considering the petitioner's representation dated 04.08.2016. 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; that a representation was given to the respondents, but, however, the same was not considered 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 the direction to the second respondent to accord permission to conduct Innisai Katcheri and cultural Programme in the eve of Arulmighu Sri Krishnan Kovil Sri Krihna Jeyanthi Vizha at Muthusamiyapuram, Kadaiayanallur Taluk, Tirunelveli District, scheduled to be held on 24.08.2016 and 25.08.2016, between 07.00 p.m., and 10.30 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. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar

To 1.The Superintendant of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Sankarankoil Police Station, Sankarankoil, Tirunelveli District.

+1 CC to M/s.A.R.KANNAPPAN, Advocate, SR No.43001 +1 CC to the Special Government Pleader , SR No.42937 W.P(MD)No.14460 of 2016 09.08.2016 mj SH/SS-2/SAR-I:19.08.2016:3P/5C