Kadarkarai v. The Inspector Of Police

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.9516 of 2016 Kadarkarai ... Petitioner -vsThe Inspector of Police, Krishnankovil Police Station, Virudhunagar District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 28.05.2016 at night in connection with "Vailkasi Festival" in Arulmigu Sri Thurgai Amman Kovil at Alakiyanayakipuram Village, Srivilliputhur Taluk, Virudhunagar District by considering the petitioner's representation, dated 01.05.2016.

For Petitioner : Mr.V.Ramalingam For Respondent : Mr.D.Muruganandam, Additional Government Pleader

ORDER

The petitioner has come forward with this Writ Petition for issuance of a Mandamus seeking a direction to the respondent to grant permission and protection for cultural event namely Adalpadal scheduled to be held on 28.05.2016 at night in connection with "Vailkasi Festival" in Arulmigu Sri Thurgai Amman Kovil at Alakiyanayakipuram Village, Srivilliputhur Taluk, Virudhunagar District by considering the petitioner's representation, dated 01.05.2016.

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 a festival of "Vailkasi Festival" in Arulmigu Sri Thurgai Amman Kovil at Alakiyanayakipuram Village, Srivilliputhur Taluk, Virudhunagar District. He would further submit that in this connection, a representation was given to the respondent police on

01.05.2016, 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 the festival of "Vailkasi Festival" in Arulmigu Sri Thurgai Amman Kovil at Alakiyanayakipuram Village, Srivilliputhur Taluk, Virudhunagar 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 non-observance of the conditions stipulated.

No costs.

Sd/- Vacation Officer /True copy/ Sub Assistant Registrar To:

The Inspector of Police, Krishnankovil Police Station, Virudhunagar District.

+ 1 CC TO MR.V.RAMALINGAM, ADVOCATE IN SR No. 27112 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 26998 PM TE/PM-DP/SAR-I : 27/05/2016 : 3P/4C W.P.(MD) No.9516 of 2016 25.05.2016