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Madras High CourtWP(MD)/16178/2016disposed of

A.Santhanam, S/O.Ammavasi v. The Commissioner Of Police,

2016-08-29Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.16178 of 2016 A.Santhanam ... Petitioner -Vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Tallakulam, Madurai.

3.The Inspector of Police, Sellur Police Station, Sellur, Madurai.

... 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 give the permission and police protection for conducting Grammiya Kalai Nigalchigal Programme on 06.09.2015 on the eve of Vinayagar Sathurthi at Ahimshaupuram West Street, Sellur, Madurai between 7.00 p.m. to 11.00 p.m. on the basis of the Petitioner's representation dated 26.08.2016.

For Petitioner : Mr.C.M.Mari Chelliah Prabhu For Respondents : Mr.D.Muruganandam Additional Government Pleader

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to give the permission and police protection for conducting Grammiya Kalai Nigalchigal Programme on 06.09.2015 on the eve of Vinayagar Sathurthi at Ahimshaupuram West Street, Sellur, Madurai between 7.00 p.m. to 11.00 p.m. on the basis of the Petitioner's representation dated 26.08.2016. 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 people of the locality regularly in order to promote harmony during the above said festival period; that a representation was given to the respondents, but, however, the same was not considered by the respondents 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 people of the locality, 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 the third respondent to accord permission to the petitioner to conduct "Grammiya Kalai Nigalchigal Programme" in connection with Vinayagar Sathurthi festival at Ahimshaupuram West Street, Sellur, Madurai, scheduled to be held on 06.09.2016 between 07.00 p.m. to 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. Sd/- Assistant Registrar /True Copy/ Sub Assistant RegistrarTo 1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Tallakulam, Madurai.

3.The Inspector of Police, Sellur Police Station, Sellur, Madurai.

+1CC to M/s.Special Government Pleader, S.R.No.47746 +1CC to M/s.Mari Chelliah, Advocate, S.R.No.47936 Srm MKSK/AL-MBA/SAR(III)/29.08.2016/3P/6C W.P(MD)No.16178 of 2016 29.08.2016