Madras High CourtWP(MD)/16361/2016disposed of

K. Murali, v. The Superintendent Of Police

2016-08-31Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD) No.16361 of 2016 K.Murali ... Petitioner -vs1. The Superintendent of Police, Madurai District, Madurai.

2. The Sub-Inspector of Police, Villur Police Station, Villur, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to grant permission and necessary protection to perform the Village cultural programme i.e. Adal Padal on 04.09.2016 at 07.30 pm to 10.30 pm in the eve of Arulmighu Sri Muthalamman Thiru Kovil at M. Bothanathi Thirumangalam Taluk Madurai District by considering the petitioner's representation dated 27.08.2016.

For Petitioner :

Mr.C.Bethanasamy For Respondents :

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 respondents to grant permission and necessary protection to perform the Village cultural programme i.e. Adal Padal on 04.09.2016 at 07.30 pm to 10.30 pm in the eve of Arulmighu Sri Muthalamman Thiru Kovil at M. Bothanathi Thirumangalam Taluk Madurai District by considering the petitioner's representation dated 27.08.2016.

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 Adal Padal dance 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 function is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration and that they will co-operate for maintenance of law and order in the locality.

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 and recording the undertaking given by the petitioner, the Writ Petition is disposed of with the direction to the respondent police to accord permission to the petitioner and also police protection to conduct the Village cultural programme i.e. Adal Padal on 04.09.2016 at 07.30 pm to 10.30 pm in the eve of Arulmighu Sri Muthalamman Thiru Kovil at M. Bothanathi, Thirumangalam Taluk, Madurai District, 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(P&A) /True Copy/ Sub-Assistant Registrar

To:

1. The Superintendent of Police, Madurai District, Madurai.

2. The Sub-Inspector of Police, Villur Police Station, Villur, Madurai District.

+One cc to Mr.C.Bethanasamy, Advocate, SR.No.48965 +One cc to The Special Government Pleader, SR.No.46369 ar RL/5C/2P/SS3/SAR AE/1/9/2016 W.P.(MD) No.16361 of 2016 31/08/2016