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Madras High CourtWP(MD)/9553/2016disposed of

T.Ramakrishnan v. The Superintendent Of Police

2016-05-25Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2016

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.9553 of 2016 T.Ramakrishnan ... Petitioner -vs1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Siruganur Police Station, Trichy District. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second respondent to permit the petitioner to conduct Karakattam Cultural programme during car festival in Arulmighu Kailaye Amman Temple, Thirupattur Village, Trichy District on 28.05.2016 at about 7.00 p.m., onwards and to provide adequate police protection.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.D.Muruganandam, Additional Government Pleader

O R D E R

The petitioner has come forward with this Writ Petition for issuance of a Mandamus seeking a direction to the second respondent to permit the petitioner to conduct Karakattam Cultural programme during car festival in Arulmighu Kailaye Amman Temple, Thirupattur Village, Trichy District on 28.05.2016 at about 7.00 p.m., onwards and to provide adequate police protection.

2.The learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal on 28.05.2016 in connection with Car festival in Arulmighu Kailaye Amman Temple, Thirupattur Village, Trichy District. He would further submit that in this connection, a representation was given to the respondent police on 19.05.2016, with a request to grant permission and protection to conduct the programme on the above said date. However, the respondent Police has not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.

3.The learned Additional Government Pleader appearing for the

respondent would submit that this Court may grant permission for Aadal Paadal programme with stringent conditions.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent. 5.Considering the limited scope of prayer sought for in this petition, the Writ Petition is disposed of with the following directions: (a) the cultural dance programme in connection with Car festival in Arulmighu Kailaye Amman Temple, Thirupattur Village, Trichy District be held on 28.05.2016 before 10.30 p.m. (b) there should not be any kind of obscene dance or vulgar dialogues during the performance, by any one of the participants;

(c) double meaning songs should not be played so as to spoil the minds of students and the youth;

(d) no dance or songs, touching upon any political party or religion, community or caste be played;

(e) no flex boards in support of any political party or religious leader be erected;

(f) the function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;

(g) if there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance; (h) similarly, the Police is empowered to stop the dance programme, if it exceeds beyond the permitted time; (i) the participants of the programme shall not intake any kind of intoxic substance or liquor during the programme; and (j) if any untoward incident takes place, the organizers of the programme be made responsible for the same.

6. The respondent concerned is directed to issue necessary permission, incorporating the above conditions and ensure the observance of the conditions to maintain public order and tranquillity. It is open to the respondent to take appropriate action in the event of nonobservance of the conditions stipulated. No costs.

Sd/- Assistant Registrar/Vaccation Officer /TRUE COPY/ Sub Assistant Registrar To:

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

2.The Inspector of Police, Siruganur Police Station, Trichy District.

+ + 1 CC TO MR.T.Lenin Kumar , ADVOCATE IN SR NO. 26929 +1CC THE SPECIAL GOVERNMENT PLEADER, IN SR.NO. 27030 JAM/27.05.16/AN-MP/SAR II/3P-5C W.P.(MD) No.9553 of 2016 25.05.2016