R.Ramamoorthy, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2016
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.9675 of 2016 R.Ramamoorthy ... Petitioner -vs1.The Superintendent of Police, Dindigul, Dindigul District.
2.The Inspector of Police, Pattiveeranpatti Police Station, Nilakottai Taluk, Dindigul 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 and police protection to the cultural program (Adal Padal) to be conducted in connection with Sri Kaaliamman Sri Bagavathiamman Temple on 01.06.2016 based on petitioner's representations on 26.05.2016 submitted before the 2nd respondent and on 31.05.2016 to the 1st respondent.
For Petitioner : Mr.R.Murugan For Respondents : Mr.D.Muruganandam, Addl. Govt. Pleader.
O R D E R
Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3. The present writ petition has been filed for issuance of a Writ of Mandamus, directing the Respondents to grant permission to conduct Adal Padal Festival on 01.06.2016 in Anbu Nagar, M.Vadipatti, Nilakottai Taluk, Dindigul District and give adequate police protection in connection with the Temple Festival of Sri Kaaliamman Sri Bagavathiamman Temple, Anbu Nagar, M.Vadipatti,
Nilakottai Taluk, Dindigul District.
4.The learned counsel appearing for the petitioner would submit that dance and song programme is being conducted by the villagers during the above said festival period. In this connection, representations were given to the respondents, but, however, the same were 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 petitioner would further submit that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.
5.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme. 6.Accordingly, the Writ Petition is disposed of with the following directions:
(a)The dance and song programme in connection with Temple Festival of Sri Kaaliamman Sri Bagavathiamman Temple, Anbu Nagar, M.Vadipatti, Nilakottai Taluk, Dindigul District, be held on 01.06.2016 between 07.00 p.m. and 10.30 p.m.
(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone 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, 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 intoxicating substance or liquor during the programme;
(j)If there is any untoward incident, the organizers of the programme be responsible for the same; and (k) The respondents are directed to issue necessary permission, incorporating the above conditions. No costs. Sd/- Assistant Registrar(Writ) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul, Dindigul District.
2.The Inspector of Police, Pattiveeranpatti Police Station, Nilakottai Taluk, Dindigul District.
3. The Additional Government Pleader, Maduai Bench of Madras High Court, Madurai +1cc to MR.R.Murugan,Advocate in SR.No. 27318 SMN JAM/MPA/SAR I/01.06.16/3P-5C ORDER MADE IN W.P(MD)No.9675 of 2016 01.06.2016