A.Thangaraja v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR A.Thangaraja : Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District.

3.The Inspector of Police, Vadakku Vijayanarayapuram Police Station, Tirunelveli District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to grant permission to conduct "Innisai Kacheri" (Music Concert) on 12.08.2024 at about 11.00 pm and 'Spiritual Kacheri' (Anmeega Music Concert) on 13.08.2024 at about 12.00 pm in Arulmigu Ulagalandha Perumal and Sri Mutharamman Temple, Parappadi Village, Ilangulam, Tirunelveli District by considering the petitioner's representation, dated 18.07.2024. 1/6

For Petitioner : Mr.M.Beema Rao For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus, directing the third respondent to grant permission to conduct "Innisai Kacheri" (Music Concert) on 12.08.2024 at about 11.00 pm and 'Spiritual Kacheri' (Anmeega Music Concert) on 13.08.2024 at about 12.00 pm in Arulmigu Ulagalandha Perumal and Sri Mutharamman Temple, Parappadi Village, Ilangulam, Tirunelveli District by considering the petitioner's representation, dated 18.07.2024.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that the third respondent has received the representation of the writ petitioner and the same is pending for consideration. He would further submit that they may be permitted to 2/6

conduct the programme on 12.08.2024 and 13.08.2024 from 07.00 p.m. to 10.00 p.m and the organizers may be directed to follow the conditions, which were given by the Hon'ble Division Bench of this Court in W.P(MD)No.12535 of 2023, dated 24.05.2023.

4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they will follow the directions of the Hon'ble Division Bench without any deviation.

5. It is necessary to refer the directions issued by the Hon'ble Division Bench in W.P.(MD)No.12535 of 2023, dated 24.05.2023. " 15. Therefore, this Court, in order to give a quietus to such issues, disposes of this writ petition with the following directions:

(a) On the seventh day from the date of the receipt of the representation, for the conduct of the cultural program (Adal Padal), associated with any temple festival, if the authorities do not take steps either to grant permission or reject permission, there shall be a deemed permission on the eighth day;

(b) On such deemed permission, the organisers, who shall be the responsible members of the festival committee, 3/6

shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted;

(c) The program shall not extend beyond 10 p.m.; (d) No women participating in the cultural program would be depicted or portrayed in an obscene or undignified manner either in the form of clothing or otherwise; (e) The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played;

(f) There shall be no supply of alcohol or any intoxicating material in and around the area where cultural program is scheduled to be held; In case of violation of any conditions, it is open to the authorities to initiate such action as is required under law and the persons who are the organisers/committee members shall be held responsible. The Public Prosecutors shall ensure circulation of this order to the Superintendent of Police of all the Districts for issuing suitable instructions to their subordinate officers. No costs."

6. It is also brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019, dated 09.04.2019, along 4/6

with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police and taking note of the undertaking on behalf of the petitioner that they will follow the direction of the Hon'ble Division Bench, the writ petitioner is directed to file an undertaking affidavit incorporating the date and time of the cultural programme before the third respondent police and on such filing, the third respondent police is hereby directed to consider the representation of the writ petitioner, dated 18.07.2024 and pass suitable orders at an early date, based on the above said circular.

7. With the above directions, this writ petition stands disposed of. No costs.

08.08.2024 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das 5/6

K.MURALI SHANKAR, J das To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District.

3.The Inspector of Police, Vadakku Vijayanarayapuram Police Station, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in 08.08.2024 6/6