Madras High Court
R.Ovvathi vs / on 8 May, 2019
Author: T.Krishnavalli
Bench: T.Krishnavalli
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.05.2019
CORAM
THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI
W.P.(MD)No.11768 of 2019
R.Ovvathi ... Petitioner
/Vs./
1.The Superintendent of Police,
Trichy District,
Trichy.
2.The Sub Inspector of Police,
Tha. Pettai Police Station,
Trichy District. ... Respondents
PRAYER:- Petition filed under Article 226 of the Constitution of India
seeking a Writ of Mandamus, directing the second respondent to grant
permission and police protection for “Adal Padal and other cultural
program” as scheduled to be held on 19.05.2019 and 20.05.2019 during
night hours from 06.00 a.m., to 12.00 p.m., in connection with “Temple
Festival” for Sri Muthumariamman Temple at Amaravathi Salai Village,
Musiri Taluk, Trichy District.
For Petitioner : Mr.S.Balamurugan
For Respondents : Mrs.S.Bharathi
Government Advocate (Crl.Side)
ORDER
This writ petition has been filed to direct the second respondent to grant permission and police protection for “Adal Padal and other cultural program” as scheduled to be held on 19.05.2019 and 20.05.2019 during http://www.judis.nic.in night hours from 06.00 a.m., to 12.00 p.m., in connection with “Temple 2 Festival” for Sri Muthumariamman Temple at Amaravathi Salai Village, Musiri Taluk, Trichy District.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.
3. The learned counsel for the petitioner would submit that the Villagers have conducted the temple festival every year peacefully. As per the tradition and customs, this year also the Villagers have planned to conduct the cultural programme i.e. Adal Padal on 19.05.2019 and 20.05.2019, in the eve of “Temple Festival” for Sri Muthumariamman Temple at Amaravathi Salai Village, Musiri Taluk, Trichy District. In this regard, the petitioner gave a representation to the respondents on 27.04.2019. Since no action has been taken, the present writ petition has been filed.
4. The learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, would submit that the respondents have no serious objection. She further submitted that permission may be granted subject to stringent conditions.
5. Considering the facts and circumstances of the case, this Court grants permission to conduct the cultural programme i.e. Adal Padal relating http://www.judis.nic.in to “Temple Festival” for Sri Muthumariamman Temple at 3 Amaravathi Salai Village, Musiri Taluk, Trichy District, on 19.05.2019 and 20.05.2019 and the Writ Petition is disposed of with the following directions:
The second respondent / Inspector of Police, Tha. Pettiai Police Station, Trichy District, is directed to consider the representation of the petitioner dated 27.04.2019 and to give permission and to provide police protection for cultural programme i.e. Adal Padal relating to “Temple Festival” for Sri Muthumariamman Temple at Amaravathi Salai Village, Musiri Taluk, Trichy District, scheduled to be held on 19.05.2019 and 20.05.2019, subject to the following conditions:-
(a) programme i.e., i.e. Adal Padal relating to “Temple Festival” for Sri Muthumariamman Temple at Amaravathi Salai Village, Musiri Taluk, Trichy District, scheduled to be held on 19.05.2019 and 20.05.2019, 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) No donation shall be received from any political party or in the name of any Member associated with any political party.
(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(h) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to http://www.judis.nic.in 4 take necessary action, as per law and stop such performance forthwith; and
(i) Similarly, the police is directed to stop the programme, if it is conducted beyond the permitted time limit.
(j) 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.
08.05.2019
Internet : Yes/No
Index : Yes/No
mrn
Note to the office: Issue order copy on 13.05.2019. http://www.judis.nic.in 5 To
1.The Superintendent of Police, Theni District, Theni.
2.The Sub Inspector of Police, Devadanapatti Police Station, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 6 T.KRISHNAVALLI, J.
Mrn Order made in W.P.(MD)No.11768 of 2019 08.05.2019 http://www.judis.nic.in