Madras High Court
WP(MD)/25071/2016 of DHARMARAJ, S/O.A.RAMASAMY Vs THE SUPERINTENDENT OF POLICE on 29 December 2016
BENCH OF MADRAS HIGH COURT DATED :29.12.2016 CORAM THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.25071 of 2016 Dharmaraj ... Petitioner vs. 1. The Superintendent of Police Madurai District, Madurai. 2.Inspector of Police, Thirumangalam Police Station, Thirumangalam, Madurai District. ...
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Conclusion
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :29.12.2016
CORAM
THE HON'BLE MR.JUSTICE R.MAHADEVAN
W.P(MD)No.25071 of 2016
Dharmaraj ... Petitioner
vs.
1.The Superintendent of Police Madurai District, Madurai.
2.Inspector of Police, Thirumangalam Police Station, Thirumangalam, Madurai District. ... Respondents Prayer: Writ Petition is filed under Article 226 of theConstitution of India for issuance of a Writ of Mandamus,directing the respondents to grant permission and protection forAdal Padal Program perform by Madurai Abinaya Group in 'PoojaiVizha' scheduled to be held on 15.01.2017 at 07.00 pm at ArulmiguSri Muniyandi Swamy Thirukovil at S.Gopalapuram, T.PudhupattiPost, Thirumangalam Taluk, Madurai District.
For Petitioner: Mr.R.KarthickrajanFor Respondents: Mr.K.P.Krishna Doss Government Advocate (Crl. Side)
O R D E R
The writ petition has been filed for issuance of a Writof Mandamus, directing the respondents to grant permission andprotection for Adal Padal Program perform by Madurai Abinaya Groupin 'Poojai Vizha' scheduled to be held on 15.01.2017 at 07.00 pmat Arulmigu Sri Muniyandi Swamy Thirukovil at S.Gopalapuram,T.Pudhupatti Post, Thirumangalam Taluk, Madurai District.
2. Mr.K.P.Krishna Doss, learned Government Advocate,takes notice for the respondents. By consent, the writ petitionitself is taken up for final disposal.https://hcservices.ecourts.gov.in/hcservices/
3. Heard the learned counsel appearing for the petitioner and the 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 therespondent, but, however, the same was not considered by therespondent 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 thelearned Government Advocate, the Writ Petition is disposed of withthe direction to the respondent police to accord permission to thepetitioner to conduct "Adal Padal" Programme in connection withthe temple festival of “Arulmigu Sri Muniyandi Swamy Thirukovil”at S.Gopalapuram, T.Pudhupatti Post, Thirumangalam Taluk,Madurai District. scheduled to be held on 15.01.2017 between 07.00p.m. to 11.00 p.m. by incorporating 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, 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/- Vacation Officer, /True Copy/
https://hcservices.ecourts.gov.in/hcservices/
Sub Assistant Registrar
PJL/trpTo
1. The Superintendent of Police Madurai District, Madurai.
2. Inspector of Police, Thirumangalam Police Station, Thirumangalam, Madurai District.
+1CC to Mr.R.Karthik Rajan, Advocate Sr.No.83746
+1CC to Spl.Government Pleader SrNo.83833
GJM/SS3/SAR-I-2.1.17-3p-5C