P.Neelakandan, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2016
CORAM:
THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD)No.16704 of 2016 P.Neelakandan ... Petitioner Vs.
The Inspector of Police, Valliyur Police Station, Tirunelveli 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 adequate police protection to conduct Innisai kacheri programme on 04.09.2016 on the eve of Vinayagar Chathurthi festival celebrating in Sri Manikanda Vijayagar Temple" which is situated in Maravar Colony, Valliyur, Tirunelveli District, on the basis of the petitioner's representation dated 31.08.2016 within a time limit. For Petitioner : Mr.M.Subash Babu For Respondent : 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 herein to grant permission and protection to the petitioner to conduct "Innisai Kacheri (Musical Concert)" on 04.09.2016 in connection with Vinayagar Chathurthi festival of Sri Manikanda Vijayagar Temple, at Maravar Colony, Valliyur, Tirunelveli District, based on his representation dated 04.09.2016. 2.Mr.R.Karthikeyan, 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 respondents, but, however, the same was not considered 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 conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme. https://hcservices.ecourts.gov.in/hcservices/
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 Innisai Katcheri (Music Concert) in connection with Vinayagar Chathurthi festival of Sri Manikanda Vijayagar Temple, at Maravar Colony, Valliyur, Tirunelveli District, scheduled to be held on 04.09.2016 between 07.00 p.m., and 10.30 p.m., by duly incorporating the following conditions:
(a)Songs conveying obscene double meaning should not be played; (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; and (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.
Sd/ Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To The Inspector of Police, Valliyur Police Station, Tirunelveli District.
+1cc to M/S.M.Subash Babu, Advocate in SR.No.49774 +1cc to Special Government Pleader in SR.No.49662 ORDER MADE IN W.P(MD)No.16704 of 2016 02.09.2016 gcg PA/SK-SKN/SAR I/02.09.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/