← Library
Madras High CourtWP(MD)/9679/2016disposed of

Alagan v. The Superintendent Of Police

2016-06-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.9679 of 2016 Alagan

...Petitioner

-vs1.The Superintendent of Police, Dindigul District, Dindigul.

2.The State rep. by The Sub Inspector of Police, Pattiveeranpatti Police Station, Pattiveeranpatti, 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 give the permission and police protection for conducting Aadal Paadal Dance Programme (Nadana Naattiya Nigalchi) on 01.06.2016 for the Arulmigu Muthumariyamman Temple situates at Amaithi Poonga, Sitharevu Village, Authoor Taluk, Dindigul District on the basis of the Petitioner's representations dated 20.05.2016 and 30.05.2016. For Petitioner : Mr.D.Senthil 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 Dance Programme on 01.06.2016 in Amaithi Poonga, Sitharevu Village, Authoor Taluk, Dindigul District and give adequate police protection in connection with the Temple Festival of Arulmigu Muthumariyamman Temple, Amaithi Poonga, Sitharevu Village, Authoor 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.

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

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 Arulmigu Muthumariyamman Temple, Amaithi Poonga, Sitharevu Village, Authoor 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(AS) /True copy/ Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Sub Inspector of Police, Pattiveeranpatti Police Station, Pattiveeranpatti, Dindigul District.

+1cc to M/s.D.Senthil, Advocate in SR.27352 W.P(MD)No.9679 of 2016 01.06.2016 smn PBK/PM/SAR-I 01/06/2016 ::2P-4C:: (IT) https://hcservices.ecourts.gov.in/hcservices/