M.Pothum Raja, v. The Commissioner Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2016
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.14596 of 2016 M.Pothum Raja ... Petitioner -vs1. The Commissioner of Police, Madurai City, Madurai.
2. The Inspector of Police, Sellur Police Station, Madurai District.
... Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to grant permission and necessary police protection to perform the cultural programme (ie) dance programme on 03.09.2016 at 7.00 p.m. to 12.00p.m. In Arulmigu Manthai Amman Thirukovil at Kamatchi Nagar, Thathaneri Main Road, Madurai. For Petitioner : M/s.P.Ameen 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 respondents to grant permission and necessary police protection to perform the cultural programme (ie) dance programme on 03.09.2016 at 7.00 p.m. to 12.00p.m. In Arulmigu Manthai Amman Thirukovil at Kamatchi Nagar, Thathaneri Main Road, Madurai.
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 2nd respondent, but, however, the same was not considered by the 2nd 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 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 2nd respondent police to accord permission to the petitioner to conduct cultural programme (ie) dance programme in Arulmigu Manthai Amman Thirukovil at Kamatchi Nagar, Thathaneri Main Road, Madurai, scheduled on 03.09.2016 between 07.00 p.m., and 10.30 p.m.
(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 (Records) /True copy/ Sub Assistant Registrar To
1. The Commissioner of Police, Madurai City, Madurai.
2. The Inspector of Police, Sellur Police Station, Madurai District.
+ 1 CC TO MR.P.AMEEN, ADVOCATE IN SR No. 43226 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 43504 RR TE/GSV-PM/SAR-I : 16/08/2016 : 3P/5C (IT) ORDER MADE IN W.P(MD)No.14596 of 2016 10.08.2016