Madras High Court
R.Silambarasan vs The Sub Inspector Of Police on 5 September, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD) No.19271 of 2019
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.09.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD) No.19271 of 2019
and
W.M.P.(MD) No.15689 of 2019
R.Silambarasan ... Petitioner
Vs.
The Sub Inspector of Police,
S.P.Pattinam Police Station,
S.P.Pattinam, Ramanathapuram District. ... Respondent
Prayer : This petition is filed under Article 226 of Constitution of India,
to issue a Writ of Certiorarified Mandamus, to call for the records
relating to impugned order dated 26.08.2019 of respondent herein and
quash the same and consequently direct the respondents herein to
grand permission to conduct the cultural program namely Adalum and
Padalum on 12.09.2019 during Asta bandana Maha Kumbavisagam in
Arulmigu Sakthi Vinayagar Sri Muthu Muthamman Thirukovil and Sri
Nilavakamudaiya Ayyanar Temple in Pulioor, Velaiyapuram Post,
Tiruvadanai Taluk, Ramanathapuram District.
For Petitioner : Mr.T.Pon Ramkumar
For Respondent : Mr.R.Anandharaj,
Additional Public Prosecutor.
******
http://www.judis.nic.in
W.P.(MD) No.19271 of 2019
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ORDER
This Writ Petition has been filed for a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 26.08.2019 of respondent herein and quash the same and consequently direct the respondent herein to grand permission to conduct the cultural program namely Adalum and Padalum on 12.09.2019 during Asta Bandana Maha Kumbavisagam in Arulmigu Sakthi Vinayagar Sri Muthu Muthamman Thirukovil and Sri Nilavakamudaiya Ayyanar Temple in Pulioor, Velaiyapuram Post, Tiruvadanai Taluk, Ramanathapuram District.
2. By consent of both sides, the writ petition itself is taken up for final disposal at the admission stage.
3.The petitioner averred that he is the President of Asta Banthana Maha Kumbabisega Committee, Pulioor village, Velaiyapuram Post, Tiruvadanai Taluk, Ramanathapuram District and there is a temple called Arulmigu Sakthi Vinayagar Sri Muthu Muthamman Thirukovil and Sri Nilavakamudaiya Ayyanar Temple, where poojas are being performed periodically and the people in and around the locality used to visit the temple and worship regularly without any hindrance. It is http://www.judis.nic.in W.P.(MD) No.19271 of 2019 3 submitted that the festival committee has decided to conduct Asta Bandana Maha Kumbavisagam in Arulmigu Sakthi Vinayagar Sri Muthu Muthamman Thirukovil and Sri Nilavakamudaiya Ayyanar Temple from 10.09.2019 to 12.09.2019.
4. The learned counsel for the petitioner further submitted that on 12.09.2019, the Committee has arranged a cultural dance program namely Adal and Padal scheduled to be held at about 7:00 p.m. Therefore, the petitioner submitted a representation to the respondent, seeking permission to conduct Aadal padal programme on 25.08.2019. The respondent, without considering the above circumstances, mechanically rejected the permission to conduct Aadal padal programme for the reason that if they conduct Aadal padal programme, there will be a law and order problem. Hence, the present writ petition has been filed.
5. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
6. The learned counsel appearing for the petitioner would submit that this Court repeatedly directs the police officials to grant permission to conduct Aadal padal programme and other related programmes with http://www.judis.nic.in W.P.(MD) No.19271 of 2019 4 certain conditions. Therefore, he prayed to quash the impugned order and prayed to grant permission to conduct Aadal padal programme on 12.09.2018.
7. The learned Additional Public Prosecutor appearing for the respondent submitted that if the petitioner is allowed to conduct Aadal padal programme, there will be a law and order problem. Therefore, this writ petition is liable to be dismissed.
8. It is relevant to rely the order passed by the Division Bench of this Court dated 10.07.2018 made in W.P.(MD)No.14491 of 2018, where, this Court has held as follows:
“3. ....... In M.Velmurugan V. The Superintendent of Police, on 24.01.2018. In passing orders in W.P.(MD) No.13440 of 2017, dated 20.07.2017, this Court had observed as follows:-
“3.We may at the very outset note that the celebrations pertain to Arulmighu Sankaranarayana Swamy Temple, Sankarankovil. It is a very ancient and renowed Temple. It is under the control of the Hindu Religious and Charitable Endowments Department. It is beyond dispute that celebrations in such Temples are customary in nature. It is not as if the writ petitioner is seeking to introduce some new practice. What is being traditionally held and http://www.judis.nic.in W.P.(MD) No.19271 of 2019 5 conducted has to be necessarily followed. Therefore, we have no hesitation in allowing the writ petition as prayed for.”
9. It is also relevant to note that the notification dated 10.08.2017 in S.O.2555(E) by the Ministry of Environment, Forest and Climate Change, wherein, it has been stated as follows:
“3.In the principal rules, in rule 5, for sub-rule (3), the following shall be substituted namely:-
(3)Notwithstanding anything contained in sub-
rule(2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calendar year and the concerned State Government or District Authority in respect of its jurisdiction as authorised by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption should be operative.”
10. Considering the above, this Court passed the following order in W.P.(MD) No.14491 of 2018, which reads as follows:
“7. This Court, taking into consideration the earlier order of this Court and that on earlier http://www.judis.nic.in W.P.(MD) No.19271 of 2019 6 occasion, the respondents had not too much to complain of, directs the respondents to grant permission to conduct the “Light Music” and “Patti Mandram” upto 12, mid night, between 17.07.2018 to 28.07.2018. The submission of learned counsel for petitioner that the sound system will be operated within permissible decibel levels is recorded.”
11. In furtherance to above, the Division Bench of this Court recently in W.P.(MD)Nos.17731 of 2018 and etc, batch, dated 10.08.2018, passed the following order:
“2. We are of the view that no public interest is involved in these Writ Petitions. We feel that the need to approach this Court would not have arisen, if only the respondent police considered the request of the petitioners within a reasonable time, i.e., at least two days from the date of receipt of representations. Thus, without expressing any opinion on the merits of the case, we direct the Inspector of Police/Sub-Inspector of Police concerned in all the Writ Petitions to consider and pass appropriate orders on the representation submitted by the petitioner within a period of two days from the date of receipt of a copy of this order. In the event of granting permission, the respondent police shall always impose any reasonable conditions, as has been imposed in the earlier occasions.
http://www.judis.nic.in W.P.(MD) No.19271 of 2019 7
3. Considering the issue involved, which will be recurring in nature, we direct the Inspector General of Police, South Zone and the Central Zone to issue appropriate directions in this regard to all the police officers concerned coming within their jurisdiction, who would be otherwise dealing with such cases, to take decisions within a period of two days from the date of receipt of representation from the petitioner so that the Courts will not be troubled.
4. It is brought to the notice this Court by Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.A.K.Baskarapandian, learned Special Government Pleader, that the Writ Petitions are being filed, after giving representations in the previous days.
5. We find considerable force in the said submission made by the learned Additional Advocate General. Our directions can never be implemented, if the petitioners rush to this Court on the very next day, after giving representations.
Therefore, the persons, who seek permission to conduct cultural programme, are required to give representations at least two weeks before the proposed cultural programmes and thereafter, the directions, as given above, will have to be complied with by the police officer concerned.” http://www.judis.nic.in W.P.(MD) No.19271 of 2019 8
12. In view of the above decision rendered by this Court, the impugned order passed by the respondent cannot be sustained and it is liable to be set aside. Accordingly, the impugned order dated 26.08.2019 passed by the respondent is quashed. Further, considering the above facts and circumstances of the case, the following directions are issued to the respondent:-
“ The respondent is directed to grant permission and to provide adequate police protection for the Aadal padal programme to be conducted on 12.09.2019 during night time at 09.00 p.m. on the eve of Arulmigu Sakthi Vinayagar Sri Muthu Muthamman Thirukovil and Sri Nilavakamudaiya Ayyanar Temple festival in Pulioor, Velaiyapuram Post, Tiruvadanai Taluk, Ramanathapuram District, subject to the following conditions:
a) the Aadal padal programme in connection with a Festival in Arulmigu Sakthi Vinayagar Sri Muthu Muthamman Thirukovil and Sri Nilavakamudaiya Ayyanar Temple in Pulioor, Velaiyapuram Post, Tiruvadanai Taluk, Ramanathapuram District, scheduled to be held on 12.09.2019 should be completed before 12.00 midnight or within the time permitted by the respondent;
(b) double meaning songs should not be played so http://www.judis.nic.in as to spoil the minds of students and the youth;W.P.(MD) No.19271 of 2019 9
(c) no songs, touching upon any political party or religion, community or caste be played;
(d) no flex boards in support of any political party or religious leader be erected;
(e) the Aadal padal programme should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(f) 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;
(g) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time;
(h) the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme; and
(i) if any untoward incident takes place, the organizers of the programme be made responsible for the same.
http://www.judis.nic.in W.P.(MD) No.19271 of 2019 10
13. It is open to respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity. There can be a total ban for putting up any Flex Boards representing any community.
14. Accordingly, this writ petition is allowed with the above observations and directions. No costs. Consequently, connected W.M.P. (MD) No.15689 of 2019 is closed.
05.09.2019 Note: Issue Copy on (09.09.2019) Index : Yes / No Internet : Yes / No sts To
1) The Sub Inspector of Police, S.P.Pattinam Police Station, S.P.Pattinam, Ramanathapuram District.
2) The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in W.P.(MD) No.19271 of 2019 11 G.K.ILANTHIRAIYAN, J.
sts Order made in W.P.(MD) No.19271 of 2019 Dated:
05.09.2019 http://www.judis.nic.in