← Library
Madras High CourtWP(MD)/19167/2016disposed of

A.Nagarajan, v. The Inspector Of Police

2016-10-03Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2016

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.19167 of 2016 A.Nagarajan ... Petitioner -vsThe Inspector of Police, Chekkanurani 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 relating to the rejection order of the respondent in 81/mike/G7PS/2016, dated Nil and quash the same and consequently direct the respondent to grant permission and protection for "Debate (Pattimandrum) and Valli Thirumanam" scheduled to be held on 03.10.2016 and 04.10.2016 respectively in connection with "Purattasi Thiruvizha" in Arulmighu Sri Mariamman Kovil at Kannanur Village, Usilampatti Taluk, Madurai District. For Petitioner :

Mr.R.Pon Karthikeyan 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 25.09.2016 with the consequential direction to the respondent to grant permission and protection for "Debate (Pattimandrum) and Valli Thirumanam" scheduled to be held on 03.10.2016 and 04.10.2016 respectively in connection with "Purattasi Thiruvizha" in Arulmighu Sri Mariamman Kovil at Kannanur Village, Usilampatti Taluk, Madurai 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 "Debate (Pattimandrum) and Valli Thirumanam" 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 25.09.2016.

5. Today, 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 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 "Debate (Pattimandrum) and Valli Thirumanam" scheduled to be held on 03.10.2016 and 04.10.2016 at night in connection with "Purattasi Thiruvizha" in Arulmighu Sri Mariamman Kovil at Kannanur Village, Usilampatti Taluk, 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(P&A) /TRUE COPY/ Sub Assistant Registrar

To The Inspector of Police, Chekkanurani Police Station, Madurai District.

+1cc to Special Government Pleader in SR.No.57974 +1cc to M/S.R.Ponkarthikeyan, Advocate in SR.No.58087 W.P(MD)No.19167 of 2016 03.10.2016 am PA/GSV-PM/SAR I/03.10.2016/3P/4C