WP(MD)/25069/2016 of M.RAMASAMY Vs THE SUPERINTENDENT OF POLICE on 29 December 2016

Conclusion

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

2. The Inspector of Police, Sindhupatti Police Station, Madurai District.... Respondents PRAYER: Petition filed under Article 226 of the Constitution ofIndia, to issue a Writ of Mandamus directing the respondents togrant permission and necessary protection to perform the culturalprogramme, i.e. Dance Programme on 02.01.2017 from 07.00 p.m., to11.00 p.m., during the festival of Arulmighu Sri MandhaiammanThirukovil at V.Kallapatti, Veppanoothu Post, Usilampatti Taluk,Madurai District.

For Petitioner: Mr.V.ManikandanFor Respondents: Mr.K.P.KrishnadossGovernment Advocate******

The writ petition has been filed for issuance of a Writ ofMandamus directing the respondents to grant permission andnecessary protection to perform the cultural programme, i.e. DanceProgramme on 02.01.2017 from 07.00 p.m., to 11.00 p.m., during thefestival of Arulmighu Sri Mandhaiamman Thirukovil at V.Kallapatti,https://hcservices.ecourts.gov.in/hcservices/Veppanoothu Post, Usilampatti Taluk, Madurai District.

2. Mr.K.P.Krishnadoss, 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 learned Counsel appearing for the petitioner wouldsubmit that the programme is being conducted by the villagersregularly in order to promote harmony during the above saidfestival period; that a representation was given to therespondents, but, however, the same was not considered by therespondents so far and hence, the petitioner is before this Courtwith this writ petition. The learned Counsel appearing for thepetitioner would further submit that as the aforesaid festival iscelebrated in a peaceful manner by the villagers, there will be nountoward incident on account of this celebration.

5. The learned Government Advocate appearing for therespondents, on instructions, would submit that the permissionsought for by the petitioner may be granted with appropriate andstringent conditions for maintaining law and order and also toavoid any untoward incident during performance of such programme.

6. Accordingly, in view of the submission made by the learnedGovernment Advocate appearing for the respondents, this writpetition is disposed of, with the direction to the secondrespondent police to accord permission to the petitioner toconduct Adal Padal scheduled to be held on 02.01.2017 inconnection with the festival of Arulmighu Sri MandhaiammanThirukovil at V.Kallapatti, Veppanoothu Post, Usilampatti Taluk,Madurai District, between 07.00 p.m. to 10.30 p.m. byincorporating the following conditions:

(a) Obscene dance / songs / vulgar dialogues should beavoided during 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 beensured that it is towards promoting communal harmony; (f) the participants of the programme shall not intake anykind of intoxicating substance or liquor during the programme;(g) In respect of untoward incident occurring, thehttps://hcservices.ecourts.gov.in/hcservices/organizers of the programme be responsible for the same;

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(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/- Deputy Registrar(Accounts)/Vacation Officer /True Copy/

Sub-Assistant Registrar

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

2. The Inspector of Police, Sindhupatti Police Station, Madurai District.

+One cc to Mr.V.Manikandan, Advocate, SR.No.83664

er/rsb

RL/4C/2P/CK/SARI/30.12.2016

W.P(MD)No.25069 of 2016

29.12.2016