Udayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA W.P.(MD).No.9792 of 2016 Udayakumar .. Petitioner Vs.

The Inspector of Police, K.K.Nagar Police Station, Trichy District.

.. Respondent PRAYER:

Writ Petition filed under under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent to grant permission and protection for cultural event namely "Karagattam and Adal Padal" scheduled to be held on 08.06.2016 and 09.06.2016 at night in connection with "Vaikasi Thiruvizha" in Arulmighu Sri Kaliamman Kovil at Kajamalai Village, Trichy District by considering the petitioner's representation dated 22.05.2016.

For Petitioner : Mr.M.S.Jeyakarthick For respondent : Mr.D.Muruganandham Additional Government Pleader

ORDER

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to grant permission and protection for cultural event namely "Karagattam and Adal Padal" scheduled to be held on 08.06.2016 and 09.06.2016 at night in connection with "Vaikasi Thiruvizha" in Arulmighu Sri Kaliamman Kovil at Kajamalai Village, Trichy District by considering the petitioner's representation dated 22.05.2016.

2. Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondent. By consent, the writ petition itself is taken up for final disposal.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

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 respondent, but, however, the same was not considered by the respondent 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 Additional Government Pleader appearing for the respondent, 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 Additional Government Pleader, the Writ Petition is disposed of with the direction to the respondent police to accord permission to the petitioner to conduct the cultural programme (Karagattam and Adal Padal) at Kajamalai Village, Trichy District in connection with "Vaikasi Thiruvizha" of Arulmighu Sri Kaliamman Kovil, at Kajamalai Village, Trichy District scheduled to be held on 08.06.2016 and 09.06.2016 between 07.00 p.m. to 10.30 p.m. by incorporating the following conditions: (a) Obscene dance / songs / vulgar dialogues should be avoided during the programme;

(b) Songs conveying obscene double meaning should not be played in order to avoid awkwardness;

(c) No dance or songs, touching upon the conduct of any political party or community or caste be played; (d) No flex boards in support of any political party or religious leader be erected;

(e) 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; (f) the participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme; (g) In respect of untoward incident occurring, the organizers of the programme be responsible for the same; (h) 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(CS-I) /True Copy/ Sub Assistant Registrar

To The Inspector of Police, K.K.Nagar Police Station, Trichy District.

+1cc to Mr.Jeyakarthick,Advocate Sr.No.27867 +1cc to Spl.Government Pleader Sr.No.28008 gcg AA/ARK-DV/SAR-III/07.06.2016/3p-4c W.P.(MD).No.9792 of 2016 03.06.2016