WP(MD)/25045/2016 of K.KASI @ RAVICHANDRAN, Vs THE SUPERINTENDENT OF POLICE on 29 December 2016

O R D E R

The writ petition has been filed for issuance of a Writ ofCertiorarified Mandamus Certiorarified Mandamus, to call for therecords from the 2nd respondent in his proceedings dated22.12.2016 and quash the same and consequently direct therespondents to grant permission to the petitioner to performcultural Dance Programme (Aadal Padal) scheduled to be held on06.01.2017 as part of the Temple Festival called Margali PongalThiruvizha in Arulmigu Sree Malayadi Ayyanar, Karuppana Samyhttps://hcservices.ecourts.gov.in/hcservices/Thiruthalam, situated at Keelakuilkudi, Madurai South Taluk andDistrict.

2. Mr.K.P.Krishna Doss, learned Government Advocate, takesnotice for the respondents. By consent, the writ petition itselfis taken up for final disposal.

3. Heard the learned counsel appearing for the petitioner andthe learned Government Advocate appearing for the respondents.

4. The case of the petitioner is that every year Adal Padal isbeing conducted by the villagers regularly in order to promoteharmony among public; that a representation was given to therespondent, but, however, the same was rejected without giving anopportunity to explain the fact and hence, the petitioner isbefore this Court with this writ petition. The learned counselappearing for the petitioner would further submit that as theaforesaid tournament is conducted in a peaceful manner by thevillagers, there will be no untoward incident on account of thisprogramme.

5. The learned Government Advocate appearing for the respondentwould submit that the permission sought for by the petitioner hasbeen rejected on the ground that there is likelihood of communaland law and order problem.

6. However, the rejection order dated 22.12.2016 did notdisclose any specific reason. The order is very general in statingthat there is likelihood of law and order problem.

7. It is not in dispute that the impugned order has beenpassed without providing opportunity to the petitioner and on thatground, the impugned order is set aside. Accordingly, this WritPetition is allowed.

8. The respondent police is directed to give permission to thepetitioner to conduct “Adal Padal” programme in connection withscheduled to be held on 06.01.2017 between 07.00 p.m. to 11.00p.m. by incorporating the following conditions:- (a) Obscene dance / songs / vulgar dialogues should be avoidedduring the programme; (b) Songs conveying obscene double meaning should not beplayed in order to avoid awkwardness;

(c) No dance or songs, touching upon the conduct of anypolitical party or community or caste be played;(d)No flex boards in support of any political party orreligious leader be erected; (e)The programme shall be conducted without showing anydiscrimination based on caste / community etc., and it shall behttps://hcservices.ecourts.gov.in/hcservices/ensured that it is towards promoting communal harmony;

(f) the participants of the programme shall not intake any kindof intoxicating substance or liquor during the programme; (g)In respect of untoward incident occurring, the organizersof the programme be responsible for the same; (h) If there is any violation of any of the conditionsimposed, the concerned Police Officer is at liberty to takenecessary action, as per law and stop such performance.No Costs.

Sd/-

Assistant Registrar

/True copy/

Sub Assistant Registrar

To1.The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai- 625 019. Madurai District.+1 cc to M/s.N.Sathish Babu, Advocate in SR.No. 83734+1 cc to The Special Government Pleader in SR.No. 83839PJLCSL/SS-3/SAR-I/03.01.2017 : 2P/5C

W.P(MD)No.25045 of 201629.12.2016