Madras High CourtWP(MD)/17907/2016disposed of

C.Johnsundaram v. The Sub Inspector Of Police

2016-09-21Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2016

CORAM

THE HON'BLE MR. JUSTICE K.KALYANASUNDARAM W.P(MD)No.17907 of 2016 C.Johnsundaram ... Petitioner -vsThe Sub-Inspector of Police, Pavoorchatram Police Station, Tirunelveli District.

... Respondent 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 of the respondent by his impugned order dated 09.09.2016 and quash the same and consequently direct the respondent to grant permission for conducting "Orchestra" on 29.09.2016 during night in "Sri Theradimadan Temple", Kurumbalaperi, Kulasekarapatti Village, Tenkasi Taluk, Tirunelveli District based on his representation dated 07.09.2016. For Petitioner : Mr.K.Esakki For Respondent : Mr.K.P.Krishna Doss Government Advocate

O R D E R

The writ petition has been filed for issuance of a Writ of Certiorarified Mandamus to call for the records of the respondent by his impugned order dated 09.09.2016 and quash the same and consequently direct the respondent to grant permission for conducting "Orchestra" on 29.09.2016 during night in "Sri Theradimadan Temple", Kurumbalaperi, Kulasekarapatti Village, Tenkasi Taluk, Tirunelveli District based on his representation dated 07.09.2016.

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. The case of the petitioner is that he is the temporary Administrator of "Sri Theradimadan Temple" and every year they are celebrating the temple festival in the Tamil month of "Purattasi". During the festival time, they are conducting various traditional programmes including Orchestra and Melam.

4. It is further averred in the affidavit that as usual they have decided to conduct the Temple Festival on 29.09.2016 and 30.09.2016 and Orchestra on 29.09.2016 and Melam on 30.09.2016. The petitioner has further stated that he has approached the respondent requesting to grant permission, which was rejected on the ground that there is possibility of law and order problem.

5. The learned counsel for the petitioner would submit that village people have been conducting the festival and cultural programmes for the past 25 years in a peaceful manner and no untoward incident had taken place so far. However, the respondent, without even giving opportunity to explain the fact, rejected the application, in violation of principles of natural justice.

6. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

7. It is not in dispute that the impugned order has been passed without providing opportunity to the petitioner and on that score, the impugned order is liable to be set aside and the same is set aside. The respondent shall consider the application of the petitioner dated 07.09.2016 afresh and pass orders within a period of one week from the date on which the order copy is made ready. Accordingly, this Writ Petition is allowed. No costs.

8. It is for the respondent police to give permission to the petitioner to conduct Temple festival by considering the representation of the petitioner. In the event of granting permission, they shall incorporate 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. Sd/ Assistant Registrar(Cs-I) /True Copy/ Sub Assistant Registrar.

To The Sub-Inspector of Police, Pavoorchatram Police Station, Tirunelveli District.

+1CC to M/S.K.Esakki, Advocate, SR.No. 54374 +1CC to the Special Government Pleader, SR.No. 54487 W.P(MD)No.17907 of 2016 SSl AM/SK.SKN/SAR-I/23.09.2016/3P/4C (IT)