WP(MD)/25053/2016 of PALANIVELAN, S/O.MARIMUTHU Vs THE INSPECTOR OF POLICE on 29 December 2016

Relief

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED :29.12.2016

THE HON'BLE MR.JUSTICE R.MAHADEVANW.P(MD)No.25053 of 2016

Palanivelan ... Petitioner

The Inspector of Police,Thathaiyankarpettai Police Station,Trichy District. ... Respondent Prayer: Writ Petition is filed under Article 226 of theConstitution of India for issuance of a Writ of Mandamus,directing the respondent to grant permission and protection for'Adal Padal' programme on 16.01.2017 in connection with ThaiFestival in Arulmigu Sree Mariamman Temple at VadamalaipattiVillage, Musiri Taluk, Trichy District, by considering thepetitioner's representation dated 20.12.2016.

The writ petition has been filed for issuance of a Writof Mandamus, directing the respondent to grant permission andprotection for 'Adal Padal' programme on 16.01.2017 in connectionwith Thai Festival in Arulmigu Sree Mariamman Temple atVadamalaipatti Village, Musiri Taluk, Trichy District ,byconsidering the petitioner's representation dated 20.12.2016.

2. Mr.C.Selvaraj, learned Special Government Pleadertakes notice for the respondent. By consent, the writ petitionitself is taken up for final disposal.

3. Heard the learned counsel appearing for the petitionerand 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 saidhttps://hcservices.ecourts.gov.in/hcservices/festival 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 Court with 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 Special Government Pleader appearing forthe respondent, 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 Sree Mariamman Temple atVadamalaipatti Village, Musiri Taluk, Trichy District scheduledto be held on 16.01.2017 between 07.00 p.m. to 11.00 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, 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(T&P)

/True Copy/

Sub Assistant Registrar.

ToThe Inspector of Police, Thathaiyankarpettai Police Station,Trichy District.

+1CC to M/S.V.Ramalingam, Advocate, SR.No. 83742

W.P(MD)No.25053 of 2016

https://hcservices.ecourts.gov.in/hcservices/

PJL/trpAM/SKN/SAR-1/02.01.2017/2P/3C