Madras High CourtWP(MD)/15693/2016disposed of

G.Senthurpandi Nadar v. The Superintendent Of Police

2016-08-23Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.15693 of 2016 G.Senthurpandi Nadar ... Petitioner -vs1.The Superintendent of Police Tuticorin District, Tuticorin.

2.The Inspector of Police Meignanapuram Police Station Meignanapuram,Tuticorin District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the 2nd respondent to grant permission to perform cultural event namely Aadal Padal held on 26.08.2016 in connection with the temple festival namely Sree Mutharamman Thirukovil situated at Veppangadu, Keelaramasamypuram North Street, Tuticorin District.

For Petitioner : Mr.M.Veilkaniraju For Respondents : Mr.D.Muruganandham Addl. Govt. Pleader

O R D E R

The writ petition has been filed for a direction to the 2nd respondent to grant permission to perform cultural event namely Aadal Padal held on 26.08.2016 in connection with the temple festival namely Sree Mutharamman Thirukovil situated at Veppangadu, Keelaramasamypuram North Street, Tuticorin 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 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 Adal Paadal programme in connection with the temple festival namely Sree Mutharamman Thirukovil situated at Veppangadu, Keelaramasamypuram North Street, Tuticorin District, scheduled on 26.08.2016 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/ Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar

To 1.The Superintendent of Police Tuticorin District, Tuticorin.

2.The Inspector of Police Meignanapuram Police Station Meignanapuram,Tuticorin District +1cc to M/S.M.Veilkaniraj, Advocate in SR.No.46413 +1cc to Special Government Pleader in SR.No.46550 ORDER MADE IN W.P(MD)No.15693 of 2016 23.08.2016 RR PA/GSV-PM/SAR I/24.08.2016/3P/5C (IT)