Madras High Court
Chollamuthu Petchimuthu vs State Rep By Its on 27 February, 2020
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.02.2020
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.(MD)No.3979 of 2020
Chollamuthu Petchimuthu ... Petitioner
Vs.
1.State Rep by its
The Superintendent of Police,
Tenkasi, Tenkasi District.
2.The Sub-Inspector of Police,
(Law and Order)
Achan Putur Police Station,
Tenkasi District. ... Respondents
PRAYER:- Petition filed under Article 226 of the Constitution of India
seeking a Writ of Mandamus, by directing the second respondent to grant
permission and adequate police protection to conduct Inisai Katcheri with
audio systems on 16.03.2020 from 10.00 p.m., to 02.00 a.m., on the event
of “Vadakarai Arulmigu Muppidathi amman Thirukoil” festival situated in
Vadakarai Village, Tenkasi District based on the petitioner's
representation dated 21.02.2020.
For Petitioner : Mr.K.Prabhu
For Respondents : Mrs.S.Bharathi
Government Advocate(Crl.Side)
ORDER
This writ petition has been filed directing the second respondent to grant permission and adequate police protection to conduct Inisai http://www.judis.nic.in Katcheri with audio systems on 16.03.2020 from 10.00 p.m., to 02.00 2 a.m., on the event of “Vadakarai Arulmigu Muppidathi amman Thirukoil” festival situated in Vadakarai Village, Tenkasi District based on the petitioner's representation dated 21.02.2020.
2.Heard the learned Counsel appearing for the petitioners and the learned Government Advocate(Crl.Side) appearing for the respondents.
3.The learned Government Advocate(Crl.Side) appearing for the respondents would submit that the respondents have no objection in granting permission to the petitioner for conducting their customary religious rites, however, they have objection with regard to the time and usage of drums and sound system in the area. He would further submit that the Honourable Apex Court in In Re: Noise Pollution ... Vs. Unknown reported in AIR 2005 SC 3136 has passed directions with regard to the usage of speakers and drums and had prescribed that the sound level should not exceed prescribed limits. He would also submit that the Director General of Police, in his proceedings in Rc.No. 007301/Genl.I(1)/2019 dated 09.04.2019 has issued circular to Commissioner of Police, Superintendent of Police and all the Station Housing Officer and directed them to follow the procedure and instruct the petitioner seeking permission to conduct cultural programs to comply with the conditions and permission may be granted subject to the petitioner agreeing to comply with the said conditions by filing necessary undertaking http://www.judis.nic.in before the respondent police. 3
4.The learned counsel for the petitioner would submit that the petitioner is prepared to give necessary undertakings to the respondent police and that they undertake that they will restrict themselves to noise level prescribed as per the direction of the Honourable Apex Court and that they will not use loudspeakers beyond the prescribed time and prescribed sound limits.
5.In view of the above, the respondents police are directed to grant permission for conducting the Traditional Cultural Programmes i.e., Inisai Katcheri with audio systems on 16.03.2020 from 10.00 p.m., to 02.00 a.m., on the event of “Vadakarai Arulmigu Muppidathi amman Thirukoil” festival situated in Vadakarai Village, Tenkasi District , by enclosing the following conditions:
(a) The Traditional Cultural Programmes with audio systems on the temple festival i.e., on 16.03.2020 should be completed within the specified time.
(b)where loudspeakers or public address or any other noise source is being used, the noise level shall not exceed 10dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower. No one shall beat drum or tom-tom or blow a trumpet or beat or sound any instrument and use any sound amplifier at night between 10.00 p.m to 6.00 a.m. http://www.judis.nic.in 4
(c)double meaning songs should not be played so as to spoil the minds of students and the youth;
(d)no songs, touching upon any political party or religion, community or caste be played;
(e)Organizers shall not erect any digital banners/pla cards on either side of the arterial roads, platforms, walkways/major roads and any other roads.
(f)the function should not affect caste, religious or communal harmony and shall be conducted without any discrimination.
(g)if there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance;
(h)similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time;
(i)the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme;
(j)if any untoward incident takes place, the organizers of the programme be made responsible for the same.
(k)the authority concerned shall videograph the entire programme at the cost of the applicant and submit the CD to the S.P concerned.
http://www.judis.nic.in 5
(l)Organizers shall have to obtain all other required permission from the authorities concerned.
(m)Any other conditions as the authority concerned consider to impose according to the ground reality”.
6.The petitioner is also directed to ensure that the conditions are strictly complied with and also to ensure that no law and order problem is created in the course of conducting the programme.
7.These writ petitions stand disposed of with the above directions. However, there shall be no order as to costs.
Index :Yes/No 27.02.2020
Internet :Yes/No
gns
Note:Issue Order Copy on 12.03.2020.
To
1.The Superintendent of Police,
Tenkasi, Tenkasi District.
2.The Sub-Inspector of Police,
(Law and Order)
Achan Putur Police Station,
Tenkasi District.
http://www.judis.nic.in
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A.D.JAGADISH CHANDIRA,J.
gns
W.P.(MD)No.3979 of 2020
http://www.judis.nic.in 27.02.2020