Madras High CourtWP(MD)/16959/2016allowed

N. Boornachandran v. The Inspector Of Police

2016-09-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2016

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.16959 of 2016 N.Boornachandran ... Petitioner -vsThe Inspector of Police, Keeranur Police Station, Pudukkottai District. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondent to give police protection to conduct cultural program (Music and Dance) on 12.09.2016 during the temple festival of Sri Navasakthi Vinayagar Temple situated at Sethravayal Village, Kulathur Taluk, Pudukkottai District, by considering the representation of the petitioner, dated 29.08.2016 and pass such further orders.

For Petitioner :

Mr.S.Sekar For Respondent :

Mr.K.P.Krishna Das Government Advocate *****

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to give police permission and adequate police protection to the Cultural Program (Music and Dance) scheduled on 12.09.2016 during the festival of Sri Navasakthi Vinayagar Temple situated at Sethravayal Village, Kulathur Taluk, Pudukkottai District.

2. Mr.K.P.Krishna Das, learned Government Advocate 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 Government Advocate appearing for the respondent. 4.The learned counsel appearing for the petitioner would submit that the Adalum Padalum Cultural 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 https://hcservices.ecourts.gov.in/hcservices/

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 Government Advocate 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 program. 6.Accordingly, in view of the submission made by the learned Government Advocate 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 Cultural Program (Music and Dance) scheduled on 12.09.2016 during the festival of Sri Navasakthi Vinayagar Temple situated at Sethravayal Village, Kulathur Taluk, Pudukkottai District. between 7.00 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; (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-I) /True Copy/ Sub Assistant Registrar.

To:

The Inspector of Police,Keeranur Police Station, Pudukkottai District.

+1CC to M/S. S.Sekar, Advocate, SR.No. 51127 +1CC to the Special Government Pleader, SR.No. 51477 W.P.(MD) No.16959 of 2016 08.09.2016 er AM/SK.SKN/SAR-I/09.09.2016/2P/4C (IT) https://hcservices.ecourts.gov.in/hcservices/