K.M.Balasubramanian v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2016
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.9883 of 2016 K.M.Balasubramanian ... Petitioner -vs1.The Superintendent of Police, Pudukkottai District.
2.The Inspector of Police, K.Puthupatti Police Station, Thirumayam Taluk, Pudukkottai 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 Police permission and protection to stage of Adal Padal cultural programme in the Santhana Kaappu Annual Festival of Arulmigu Sri Ariyanayagi Amman Temple at Kallur, Thirumayam Taluk, Pudukkottai District on the night of 09.06.2016 (from 8.00 p.m. to 11. p.m.) or any other subsequent date.
For Petitioner : Mr.V.K.Saravanan For Respondents : Mr.D.Muruganandam, Addl.Govt.Pleader.
ORDER
The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to give permission with protection to conduct the Adal Padal cultural programme in the Santhana Kaappu Annual Festival of Arulmigu Sri Ariyanayagi Amman Templeat Kallur Thirumayam Taluk, Pudukkottai District, scheduled on 09.06.2016 based on the petitioner's representation dated 02.06.2016.
2.Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. 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 respondents.
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 respondents, but, however, the same was 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 on account of this celebration. 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 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 second respondent police to accord permission to the petitioner to conduct the Adal Padal cultural programme in the Annual Festival of Arulmigu Sri Ariyanayagi Amman Temple at Kallur, Thirumayam Taluk, Pudukkottai District scheduled on 09.06.2016 between 07.00 p.m., and 10.30 p.m.
(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-II) /True Copy/ Sub Assistant Registrar
To 1.The Superintendent of Police, Pudukkottai District.
2.The Inspector of Police, K.Puthupatti Police Station, Thirumayam Taluk, Pudukkottai District.
+1cc to Mr.V.K.Saravanan, Advocate Sr.No.28516 +1cc to Spl.Government Pleader Sr.No.28274 gcg AA/AAL-MPA/SAR-II/08.06.2016/3p-5c ORDER MADE IN W.P(MD)No.9883 of 2016 06.06.2016