Muniyandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2016
CORAM:
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.16242 of 2016 Muniyandi ... Petitioner Vs.
The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.
... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to grant permission and protection for cultural event namely Adal Padal scheduled to be held on 03.09.2016 at night in connection with "Temple festival" in Arulmigu Sri Adhinamilaki Ayyanar Kovil, at South Street, Edaiyamelur, Sivagangai District by considering the petitioner's representation dated 16.08.2016.
For Petitioner : Mr.S.Selvakumar For Respondent : Mr.D.Muruganandam, Addl. Govt. Pleader.
O R D E R
The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to give permission and protection to the petitioner to conduct Aadal Padal programme, on 03.09.2016 in connection with "Avani Festival" of Arulmigu Sri Adhinamilaki Ayyanar Kovil, at South Street, Edaiyamelur, Sivagangai District, by considering his representation dated 16.08.2016.
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 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 https://hcservices.ecourts.gov.in/hcservices/
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 a direction to the respondent police to accord permission to the petitioner to conduct Aadal Padal programme in connection with "Avani Festival" of Arulmigu Sri Adhinamilaki Ayyanar Kovil, South Street, Edaiyamelur, Sivagangai District, scheduled to be held on 03.09.2016 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; and (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(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.
+1cc to M/S.J.Jeya Aron Raja, Advocate in SR.No.48206 +1cc to Additional Government Pleader in SR.No.48140 ORDER MADE IN W.P(MD)No.16242 of 2016 30.08.2016 gcg PA/DB/SAR I/31.08.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/