Madras High Court
S.Panneer Selvam vs The Superintendent Of Police on 3 January, 2019
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.01.2019
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.(MD) No.67 of 2019
S.Panneer Selvam ... Petitioner
-vs-
1.The Superintendent of Police,
Madurai District,
Madurai.
2.The Inspector of Police,
Thirumangalam Taluk Police Station,
Madurai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a writ of Mandamus directing the respondents to grant
permission and necessary Police Protection to perform the cultural
programme (i.e.,) Dance Programme on 15/01/2019 at 06.00pm to
11.00pm in the festival of Arulmighu Sree Muniyandi Swamy
Thirukovil at Katrampatty Village, Thirumangalam Taluk, Madurai
District.
For Petitioner : Mr.R.Sundar
For Respondents : Mr.R.Anandharaj,
Additional Public Prosecutor
ORDER
This Writ Petition has been filed to direct the respondents to grant permission and protection for cultural programme (i.e.,) http://www.judis.nic.inDance Programme on 15/01/2019 at 06.00pm to 11.00pm in the 2 festival of Arulmighu Sree Muniyandi Swamy Thirukovil at Katrampatty Village, Thirumangalam Taluk, Madurai District by considering the petitioner's representation, dated 26.12.2018.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3.The learned counsel for the petitioner would submit that the Festival Committee of Arulmighu Sree Muniyandi Swamy Thirukovil at Katrampatty Village, Thirumangalam Taluk, Madurai District have conducted dance programmes every year peacefully. As per the tradition and customs, this year also the Thiru Vizha Committee have planned to conduct dance programme on 15.01.2019. In this regard, the petitioner gave a representation to the respondents on 26.12.2018. Since no action has been taken, the present writ petition has been filed.
4. The learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that the respondents have no serious objection. He further submitted that permission may be granted subject to stringent conditions. http://www.judis.nic.in 3
5. Considering the facts and circumstances of the case, the Writ Petition is disposed of with the following directions:
The second respondent/Inspector of Police, Thirumangalam Taluk Police Station, Madurai District is directed to consider the representation of the petitioner, dated 26.12.2018 and to give permission and to provide police protection for cultural programme (i.e.,) Dance Programme in the festival of Arulmighu Sree Muniyandi Swamy Thirukovil at Katrampatty Village, Thirumangalam Taluk, Madurai District scheduled to be held on 15.01.2019, subject to the following conditions:-
(a) Adal Padal Dance Programme done by Arulmighu Sree Muniyandi Swamy Thirukovil at Katrampatty Village, Thirumangalam Taluk, Madurai District scheduled to be held on 15.01.2019, should be completed before 11.00 p.m.
(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(c) Double meaning songs should not be played as they will spoil the minds of students and youths.
(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.
(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) If there is 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 forthwith; and
(h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.
http://www.judis.nic.in 4 A.D.JAGADISH CHANDIRA.J., sts
(i) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions.
6. It is open to the second respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Board representing any community. No costs.
03.01.2019 Index:Yes/No Internet:Yes/No sts To:
1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.
Order made in W.P.(MD) No.67 of 2019 http://www.judis.nic.in