Gnanasekar v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2016
CORAM:
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.15483 of 2016 Gnanasekar ... Petitioner Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, Palayamkottai, Tirunelveli District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vallioor, Tirunelveli District.
3.The Inspector of Police, Uvari Police Station, Idayankudi, Tirunelveli 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 herein to grant permission to the petitioner to conduct the devotional concert scheduled on 30.08.2016 at about 8.00 p.m. to 11. p.m. and Aadal Padal function scheduled on 31.08.2016 at about 8.00 p.m. to 11 p.m. in Karikovil Arulmigu Sri Mutharamman Temple, 2nd year festival at Karikovil Village, Radhapuram Taluk, Tirunelveli District. For Petitioner : Mr.V.Balasubramanian 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 give permission and protection to conduct the devotional concert scheduled on 30.08.2016 at about 8.00 p.m. to 11. p.m. and Aadal Padal function scheduled on 31.08.2016 at about 8.00 p.m. to 11 p.m. in connection with festival of Karikovil Arulmigu Sri Mutharamman Temple, Karikovil Village, Radhapuram Taluk, Tirunelveli District, based on the petitioner's representation dated 08.08.2016.
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 third respondent, but, however, the same was not considered by the third 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 a direction to the third respondent police to accord permission to the petitioner to conduct Devotional Concert and Aadal Padal programme in connection with festival of Karikovil Arulmigu Sri Mutharamman Temple, Karikovil Village, Radhapuram Taluk, Tirunelveli District, scheduled to be held on 30.08.2016 and 31.08.2016 respectively, between 07.00 p.m. and 10.30 p.m.
(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; and (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 (Writ) /True Copy/ Sub Assistant Registrar gcg To 1.The Superintendent of Police, Office of the Superintendent of Police, Palayamkottai, Tirunelveli District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vallioor, Tirunelveli District.
3.The Inspector of Police, Uvari Police Station, Idayankudi, Tirunelveli District.
4. The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.
+1 cc to Mr.V.Balasubramanian,Advocate, Sr.No:46118 +1cc to M/S Special Government Pleader, Sr No. 46151 jam/23.08.16/SS 3/SARIII/3P-7C ORDER MADE IN W.P(MD)No.15483 2016 22.08.2016