N.Sethuraman v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2024
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR N.Sethuraman ... Petitioner Vs.
1.The Commissioner of Police, Madurai District, Madurai.
2.The Assistant Commissioner of Police, S.S.Colony, Madurai.
3.The Inspector of Police, C-3, S.S.Colony Police Station, Madurai.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned rejection order dated 05.10.2024 passed by the 3rd respondent police and quash the same as illegal and consequently direct the 3rd respondent police to give permission and adequate police protection for conducting the Aadal Padal program to be conducted at "Madakkulam Arulmigu Kabaleeswari Amman Temple" on 10.10.2024 at about 07.00 pm to 10.00 pm in Melamanthai Street, Madakulam Village, Madurai South Taluk, Madurai.
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For Petitioner : Mr.V.Janakiramulu For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
ORDER
The Writ Petition has been filed challenging the order passed by the third respondent dated 05.10.2024 and consequently, direct the third respondent police to give permission and adequate police protection for conducting the Aadal Padal program at Madakkulam Arulmigu Kabaleeswari Amman Temple on 10.10.2024 at about 07.00 pm to 10.00 pm in Melamanthai Street, Madakulam Village, Madurai South Taluk, Madurai.
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.
3. The learned counsel appearing for the writ petitioner would submit that the petitioner is a member of the festival committee of Madakkulam Arulmigu Kabaleeswari Amman Temple in Melamanthai Street, Madakulam Village, Madurai South Taluk, Madurai. It is submitted that the temple festival is scheduled to be held from 03.10.2024 to 16.10.2024 and subsequent to the same, in order to conduct "Adal Padal" programme on 10.10.2024, they sought permission by giving a representation dated 05.10.2024 before the third 2/7
respondent. However, the same was rejected by the third respondent vide impugned order dated 05.10.2024. Aggrieved over the same, the present Writ Petition has been filed.
4. The learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner may be permitted to conduct the Adal Padal programme on 10.10.2024 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.
5. 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.
6. It is necessary to refer to 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 3/7
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, 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."
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7. 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 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 writ petitioner that they will follow the direction of the Hon'ble Division Bench and also the fact that the writ petitioner's representation for conducting Adal Padal programme came to be rejected, the writ petitioner is directed to give a fresh representation to the third respondent seeking permission and on receipt of the same, the third respondent is directed to consider the same and pass suitable orders based on the above said circular.
8. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
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To 1.The Commissioner of Police, Madurai District, Madurai.
2.The Assistant Commissioner of Police, S.S.Colony, Madurai.
3.The Inspector of Police, C-3, S.S.Colony Police Station, Madurai.
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K.RAJASEKAR , J.
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