Ponraj, 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.16490 of 2016 Ponraj ... Petitioner -vs1.The Superintendent of Police Thoothukudi District, Thoothukudi.
2.The Sub Inspector of Police Arumuganeri Police Station, Thoothukudi 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 impugned proceedings dated 23.08.2016 on the file of the 2nd respondent and to quash the same as illegal and arbitrary, consequently directing the 2nd respondent police to grant permission to conduct Aadal Padal Festival on 08.9.2016 at 7.00 p.m. at Magalavadi Village, Kayalpattinam, Tiruchendur Taluk, Tuticorin District and give adequate police protection in connection with the Temple Festival of Arulmigu Santhana Mariamman Koil at Magalavadi Village, Kayalpattinam, Tiruchendur Taluk, Tuticorin District. For Petitioner : Mr.A.D.Ganesha Moorthi For Respondents : Mr.R.Karthikeyan Addl. Govt. Pleader
O R D E R
The writ petition has been filed challenging the order of the 2nd respondent dated 23.08.2016 and for a consequential direction to the 2nd respondent police to grant permission to conduct Aadal Padal Festival on 08.9.2016 at 7.00 p.m. at Magalavadi Village, Kayalpattinam, Tiruchendur Taluk, Tuticorin District and give adequate police protection in connection with the Temple Festival of Arulmigu Santhana Mariamman Koil at Magalavadi Village, Kayalpattinam, Tiruchendur Taluk, Tuticorin 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 respondents, but, however, the same was rejected by the respondents 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 on the ground that there is likelihood of law and order problem 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 allowed and the impugned order of the 2nd respondent is set aside and the 2nd respondent police is directed to accord permission to the petitioner to conduct Adal Padal programme in connection with the Temple Festival of Arulmigu Santhana Mariamman Koil at Magalavadi Village, Kayalpattinam, Tiruchendur Taluk, Tuticorin District scheduled on 08.09.2016 between 07.00 p.m., and 10.30 p.m.
(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 Thoothukudi District, Thoothukudi.
2.The Sub Inspector of Police Arumuganeri Police Station, Thoothukudi District.
+1cc to Mr.A.D.Ganeshmoorthi, Advocate SR.No.48973 +1cc to special Government Pleader SR.No.49380 RR sm:AAl-MPA:SAR I:02/09/2016:3P/5C ORDER MADE IN W.P(MD)No.16490 of 2016