Madras High CourtWP(MD)/17041/2016disposed of

Velmurugan, v. The Inspector Of Police

2016-09-08Honourable Mr Justice K. Kalyanasundaram3 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.17041 of 2016 Velmurugan ... Petitioner -vsThe Inspector of Police, Nilakottai Police Station, Dindigul 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 accord permission and provide adequate police protection for conducting 'Aadal Padal Cultural Program' which is scheduled to be taken place 16.09.2016 between 7 pm to 10 pm in connection with the Kumbabishekam Festival of Sri Rakkachiamman, Sri Muniyandi Samy Temple at Kokkupatti, Nilakottai, Dindigul District.

For Petitioner : Mr.M.Pitchai Muthu For Respondent : Mr.K.P.Krishna Doss Government Advocate

ORDER

The Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondent to accord permission and provide adequate police protection for conducting 'Aadal Padal Cultural Program' which is scheduled to be taken place 16.09.2016 between 7 pm to 10 pm in connection with the Kumbabishekam Festival of Sri Rakkachiamman, Sri Muniyandi Samy Temple at Kokkupatti, Nilakottai, Dindigul District.

2.Mr.K.P.Krishna Doss, 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 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 festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration. 5.

The learned Government Advocate appearing for the respondent, on instructions, would submit that there is a law and order problem in the above said place and a peace committee meeting is also conducted and hence, 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 Government Advocate, the Writ Petition is disposed of with the direction to the respondent police to accord permission to the petitioner to conduct Adal Padal cultural programme scheduled to be held on 16.09.2016 in connection with Kumbabishekam Festival of Sri Rakkachiamman, Sri Muniyandi Samy Temple at Kokkupatti, Nilakottai, Dindigul District between 07.00 p.m.

to 10.30 p.m.

(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. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar

ps To The Inspector of Police, Nilakottai Police Station, Dindigul District.

+1CC to Mr.M.Pitchai Muthu, Advocate SR.No.51381 +1CC to Spl.Government Pleader Sr.No.51474 GJM/SS-3/SAR-III-12.9.16-3p-4c W.P(MD)No.17041 of 2016 08.09.2016