S.Ravi, President, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.15016 of 2016 S.Ravi ... Petitioner -Vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Naguneri, Tirunelveli District 627 108.

3.The Inspector of Police, Eruvadi Police Station, Tirunelveli District - 627 103.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to grant permission for conducting "Kalai Nigalchi" programme on 29.08.2016 to 31.08.2016 between 09.00 p.m. and 12.00 a.m. as a part of the "Adi Thiruval" for the village temple viz., Sri Pathirakaliamman Kovil, Ramakrishnapuram (Oothakadai), Thalapathi Panchayat Samuthiram, Naguneri Taluk, Nallankulam Post, Tirunelveli District- 617 117. For Petitioner : Mr.P.M.Vishnu Varthanan 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 herein to grant permission and protection to the petitioner to conduct "Kalai Nigalchi" (Innisai Kacheri) on 29.08.2016 to 31.08.2016 in connection with Kodai Vizha festival of Sri Pathirakaliamman Kovil, Ramakrishnapuram (Oothakadai), Thalapathi Panchayat Samuthiram, Naguneri Taluk, Nallankulam Post, Tirunelveli District, based on the petitioner's representation dated 09.08.2016.

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, on instructions, would further submit that the petitioner restricts his prayer for 31.08.2016 alone and 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 a direction to the third respondent police to accord permission to the petitioner to conduct "Kalai Nigalchi" (Innisai Katcheri) in connection with Kodai Vizha festival of Sri Pathirakaliamman Kovil, Ramakrishnapuram (Oothakadai), Thalapathi Panchayat Samuthiram, Naguneri Taluk, Nallankulam Post, Tirunelveli District, scheduled to be held on 31.08.2016 between 07.00 p.m. and 10.30 p.m.

(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 /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Naguneri, Tirunelveli District 627 108.

3.The Inspector of Police, Eruvadi Police Station, Tirunelveli District - 627 103.

+1 CC to the Special Government Pleader, SR No.44526 +1 CC to Mr.P.M.VISHNUVARTHANAN, Advocate, SR No.44592 W.P(MD)No.15016 of 2016 gcg SH/PV-MPA/SAR-I:18.08.2016:2P/6C