R.Ravisankar, S/O.Rajapandian v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2016
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.15911 of 2016 R.Ravisankar ... Petitioner -vsThe Inspector of Police, Eral Police Station, Eral, Thoothukudi District.
... Respondent 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 protection to perform the cultural programme (i.e.) Light Music (Orchestra) on the eve of Arulmigu Muthumalai Amman Temple Adi Thabasu Festival at Siruthondanallur Village, Srivaikundam Taluk, Thoothukudi District which is to be held on 31.08.2016.
For Petitioner : Mr.G.Thalaimutharasu 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 protection to perform the cultural programme (i.e.) Light Music (Orchestra) on the eve of Arulmigu Muthumalai Amman Temple Adi Thabasu Festival at Siruthondanallur Village, Srivaikundam Taluk, Thoothukudi District which is to be held on 31.08.2016.
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 respondent, but, however, the same was not considered by the 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 respondent, 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. https://hcservices.ecourts.gov.
6.Accordingly, in view of the submission made by the learned Additional Government Pleader, the Writ Petition is disposed of with the direction to the respondent police to accord permission to the petitioner to conduct innisai Katcheri programme in connection with festival of Arulmigu Muthumalai Amman Temple Adi Thabasu Festival at Siruthondanallur Village, Srivaikundam Taluk, Thoothukudi District, scheduled on 31.08.2016 between 07.00 p.m., and 10.30 p.m., by incorporating the following conditions:
(a) Songs conveying obscene double meaning should not be played in order to avoid awkwardness;
(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. No costs.
Sd/ Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To The Inspector of Police, Eral Police Station, Eral, Thoothukudi District.
+1cc to M/S.G.Thalaimutharasu, Advocate in SR.No.47847 +1cc to Special Government Pleader in SR.No.47446 ORDER MADE IN W.P(MD)No.15911 of 2016 26.08.2016 sj PA/CK/SAR I/29.08.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/