S.Pandi, S/O.Sundaram, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2016

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.19111 of 2016 S.Pandi ... Petitioner -vsThe Sub Inspector of Police, Chekkanoorani Police Station, Madurai District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, call for the records of the respondent's proceedings dated Nil and quash the same and consequently direct the respondent to give permission to conduct the cultural program namely "Adalum Padalum" on 05.10.2016 in connection with Arulmigu Pattathu Arasi Amman Temple "Purattasi Pongal" festival at Chellampatti, Madurai District and to provide adequate security to the said program.

For Petitioner :

Mr.A.K.Manickam For Respondent :

Mr.K.P.Krishna Doss Government Advocate

O R D E R

The writ petition has been filed to quash the impugned order passed by the respondent dated Nil with the consequential direction to the respondent to give permission to conduct the cultural program namely "Adalum Padalum" on 05.10.2016 in connection with Arulmigu Pattathu Arasi Amman Temple "Purattasi Pongal" festival at Chellampatti, Madurai District and to provide adequate security to the said program.

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 Aadalum Padalum is being conducted regularly in order to promote harmony during the above said festival period. He would further submit that the representation given to the respondent was rejected vide the impugned order dated 28.09.2016.

5. Today, the learned Government Advocate appearing for the respondent, on instructions, would submit that the permission https://hcservices.ecourts.gov.in/hcservices/

sought for by the petitioner may be granted with appropriate and stringent conditions so as to prevent disturbance to the public tranquility and also to avoid any untoward incident during performance of such programme.

6. At this juncture, the learned counsel for the petitioner would submit that the petitioner will advise the participants not to cause any hindrance to the law and order so as to avoid untoward incident. The said submission is recorded.

7. Accordingly, in view of the submission made by the learned Government Advocate and undertaking given by the learned counsel for the petitioner, the writ petition is allowed and the impugned order is hereby quashed. The respondent police is directed to accord permission to the petitioner to conduct Aadalum Padalum on 05.10.2016 from 06.00 p.m to 10.00 p.m at Arulmigu Pattathu Arasi Amman Temple "Purattasi Pongal" festival at Chellampatti, Madurai District, by duly 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(Records) /TRUE COPY/ Sub Assistant Registrar To The Sub Inspector of Police, Chekkanoorani Police Station, Madurai District. +1cc to M/S.A.K.Manickam, Advocate in SR.No.58140 W.P(MD)No.19111 of 2016 03.10.2016 am PA/GSV-PM/SAR I/03.10.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/