G.Murugan, S/O.Govindasamy, v. The Superintendent 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.16010 of 2016 G.Murugan ... Petitioner -vs1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Vedasanthur Police Station, Dindigul District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the records relating to the rejection order of the 2nd respondent dated 20.08.2016 and to quash the same and consequently to direct the 2nd respondent to grant permission and protection to perform cultural Adalpadal program scheduled to be held on 04.09.2016 "Kovil Festival" at Vinayagar, Murugan, Muthalamman, Kalliamman, Mariamman, Bhagavathiamman and Mahalaxmiamman, Kalanampatti Village, Vedasanthur Taluk, Dindigul District.
For Petitioner : Mr.B.Vinoth Balan For Respondents : Mr.D.Muruganandham Addl. Govt. Pleader
O R D E R
The writ petition has been filed challenging the order passed by the 2nd respondent rejecting the request of the petitioner to conduct the programme namely Aadal Padal in Arulmighu Vinayagar, Murugan, Muthalamman, Kalliamman, Mariamman, Bhagavathiamman and Mahalaxmiamman Temple Festival on 04.09.2016 at the petitioner's village (Kalanampatti Village), Vedasanthur Taluk, Dindigul 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 rejected by the 2nd respondent 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 has been rejected by the 2nd respondent.
6. Perusal of the impugned order of rejection would go to show that the 2nd respondent has refused the permission on the ground that there is possibility of law and order problem, but no specific instances of law and order problem has been stated in the impugned order. Hence, the Writ Petition is allowed and the order of rejection is set aside. The 2nd respondent is directed to accord permission to the petitioner to conduct the programme namely Adal Padal at Arulmighu Vinayagar, Murugan, Muthalamman, Kalliamman, Mariamman, Bhagavathiamman and Mahalaxmiamman Temple, Kalanampatti Village, Vedasanthur Taluk, Dindigul District on 04.09.2016 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 (CS-II) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul District, Dindigul.
2.The Inspector of Police, Vedasanthur Police Station, Dindigul District.
+ 1 CC TO M/S.B.VINOTH BALAN, ADVOCATE IN SR No. 47569 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 47468 SJ TE/SS-3/SAR-I : 30/08/2016 : 3P/5C (IT) ORDER MADE IN W.P(MD)No.16010 of 2016 26.08.2016