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Madras High CourtWP(MD)/15804/2016disposed of

P.Sakkarai, S/O.Kariyan, v. The Sub Inspector Of Police,

2016-08-24Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.15804 of 2016 P.Sakkarai ... Petitioner -vsThe Sub-Inspector of Police, Viruveedu Police Station, Viruveedu, Dindigul District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the respondent on 22.08.2016 and quash the same and consequently direct the respondent police to grant permission to conduct Adal Padal scheduled to held on 26.08.2016 in Veera Pathira Swamy, Ondi Veera Karuppasamy Kovil at West Street, Kunnuvaran Kottai, Dindigul District.

For Petitioner :

Mr.S.Vellaichamy For Respondents :

Mr.D.Muruganandam, Addl. Govt. Pleader

O R D E R

The writ petition has been filed to quash the impugned order passed by the respondent dated 26.08.2016 with the consequential direction to the respondent police to grant permission to conduct Adal Padal scheduled to held on 26.08.2016 in Veera Pathira Swamy, Ondi Veera Karuppasamy Kovil at West Street, Kunnuvaran Kottai, Dindigul District.

2. Mr.D.Muruganandam, 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 regularly in order to promote harmony during the above said festival period. He would further submit that the representation given to the respondent was rejected vide the impugned order dated 26.08.2016. https://hcservices.ecourts.gov.in/hcservices/

5. Today, the learned Additional Government Pleader appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with

appropriate and stringent conditions so as to prevent disturbance to the public tranquility and also to avoid any untoward incident during performance of such programme.

6. At this juncture, the learned counsel for the petitioner would submit that the petitioner will advise the devotees not to cause any hindrance to the law and order so as to avoid untoward incident. The said submission is recorded.

7. Accordingly, in view of the submission made by the learned Additional Government Pleader and undertaking given by the learned counsel for the petitioner, the writ petition is allowed and the impugned order is hereby quashed. The respondent police is directed to accord permission to the petitioner to conduct conduct Adal Padal scheduled to be held on 26.08.2016 in Veera Pathira Swamy, Ondi Veera Karuppasamy Kovil at West Street, Kunnuvaran Kottai, Dindigul District between 6:00p.m. and 09:00p.m., by duly 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. Sd/ Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To:

1.

The Sub-Inspector of Police, Viruveedu Police Station,Viruveedu, Dindigul District. 2.

The Sub-Inspector of Police, Adivaram Police Station,Palani, Dindigul District. +1cc to M/S.S.Vellaichamy, Advocate in SR.No.47191 +1cc to Special Government Pleader in SR.No.47205 W.P.(MD) No.15804 of 2016 24.08.2016 ar PA/KBM/SAR III/24.08.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/