N.Datchinamoorthy, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2016
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.16485 of 2016 N.Datchinamoorthy ... Petitioner -vs1. The Superintendent of Police, O/o. The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Inspector of Police, Valliyoor Police Station, Tirunelveli District.
3. The Sub Inspector of Police, Valliyoor Police Station, Tirunelveli District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to permit the petitioner to conduct an Orchestra function scheduled to be held on 06.09.2016 at 9.00 p.m. on the eve of Kodai Vizha for the temple namely Sri Bathirakaliamman Kovil at Valliyoor, Tirunelveli District.
For Petitioner : M/s.G.Balaji For Respondents : Mr.R.Karthikeyan 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 permit the petitioner to conduct an Orchestra function scheduled to be held on 06.09.2016 at 9.00 p.m. on the eve of Kodai Vizha for the temple namely Sri Bathirakaliamman Kovil at Valliyoor, Tirunelveli District. 2.Mr.R.Karthikeyan, 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 3rd respondent, but, however, the same was not considered by the 3rd 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 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 3rd respondent police to accord permission to the petitioner to conduct Orchestra programme in on the eve of Kodai Vizha for the temple namely Sri Bathirakaliamman Kovil at Valliyoor, Tirunelveli District, scheduled on 06.09.2016 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 (CS-II) /True Copy/ Sub Assistant Registrar
To
1. The Superintendent of Police, O/o. The Superintendent of Police, Tirunelveli District, Tirunelveli
2. The Inspector of Police, Valliyoor Police Station, Tirunelveli District.
3. The Sub Inspector of Police, Valliyoor Police Station, Tirunelveli District.
+ 1 CC TO MR.R.ARAVINDRAJ, ADVOCATE IN SR No. 49080 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 49381 RR TE/AAL-MPA/SAR-I : 02/09/2016 : 3P/6C (IT) ORDER MADE IN W.P(MD)No.16485 of 2016 01.09.2016