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Madras High CourtWP(MD)/23203/2016disposed of

T.Annadurai, v. The Superintendent Of Police

2016-12-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.23203 of 2016 T.Annadurai ... Petitioner vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Sernthamaram Police Station, Tirunelveli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd Respondent to grant permission and police protection for the event of Orchestra to be scheduled on 05.12.2016 at the temple festival of Arulmigu Vadakasi Amman Temple Festival, Vallaramapuram, Tirunelveli District by considering the petitioner's representation dated 28.11.2016 within the period stipulated by this Court.

For Petitioner : Mr.M.Mohamed Sherbudeen 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 2nd Respondent to grant permission to conduct Orchestra programme scheduled to be held on 05.12.2016 at Arulmigu Vadakasi Amman Temple Festival, Vallaramapuram, Tirunelveli District and to give necessary police protection to the said programme, based on the petitioner's representation dated 28.11.2016.

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 https://hcservices.ecourts.gov.in/hcservices/

respondent, but, however, the same was not considered 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 respondents, 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 'Orchestra' function during the temple festival of Arulmigu Vadakasi Amman Temple Festival, Vallaramapuram, Tirunelveli District scheduled to be held on 05.12.2016, between 07.00 p.m., and 11.00 p.m., 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(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Sernthamaram Police Station, Tirunelveli District.

+One cc to Mr.M.Mohammed Sherbudeen, Advocate, SR.No.74696 +One cc to The Special Government Pleader, SR.No.78129 PJL RL/5C/2P/GSV/PM/SAR3/1.12.2016 W.P(MD)No.23203 of 2016 01.12.2016 https://hcservices.ecourts.gov.in/hcservices/