Ravichandran v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2016
CORAM
THE HON'BLE MR. JUSTICE K.KALYANASUNDARAM W.P(MD)No.22987 of 2016 Ravichandran
...Petitioner
Vs.
1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to grant permission to the petitioner to perform orchestral programme (prayer song) on 03.12.2016 at St.Savariyar Church at Puudkkottai Village, Thoothukudi District forthwith in pursuance of the petitioner's representation dated 15.11.2016.
For Petitioner : Mr. S.Palanivelayutham For Respondents : Mr.K.P.Krishna Doss Government Advocate
O R D E R
The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to grant permission to the petitioner to perform orchestral programme (prayer song) on 03.12.2016 at St.Savariyar Church at Puudkkottai Village, Thoothukudi District forthwith in pursuance of the petitioner's representation dated 15.11.2016.
2.Mr.K.P.Krishna Doss, learned Government Advocate, takes notice for the respondents. 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 respondents.
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 respondents, but, however, the same was not considered by the respondents so far and hence, the petitioner is before this Court with this writ petition. The learned counsel appearing for the https://hcservices.ecourts.gov.in/hcservices/
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 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 the orchestral programme (prayer song) on 03.12.2016 at St.Savariyar Church at Puudkkottai Village, Thoothukudi District between 07.00 p.m. to 10.30 p.m. on respective dates by incorporating the following conditions:- (a)Songs conveying obscene double meaning should not be played;
(b)No songs touching upon the conduct of any political party or community or caste be played;
(c)No flex boards in support of any political party or religious leader be erected;
(d)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; (e)In respect of untoward incident occurring, the organizers of the programme be responsible for the same; (f)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(AS) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.
To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.
+1cc to M/s.S.Palanivelayutham, Advocate in SR.73842 +1cc to the Special Government Pleader, in SR.73727 W.P(MD)No.22987 of 2016 29.11.2016 ssl PBK/SK-SKN/SAR-III 30/11/2016 ::2P-5C:(IT) https://hcservices.ecourts.gov.in/hcservices/