Madras High Court
C.Thabendran vs The Superintendent Of Police 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.4090 of 2020
C.Thabendran ... Petitioner
Vs.
1.The Superintendent of Police,
Tenkasi District, Tenkasi.
2.The Inspector of Police,
Surandai Police Station,
Tenkasi District. ... Respondents
PRAYER:- Petition filed under Article 226 of the Constitution of India
seeking a Writ of Mandamus, by directing the respondents to grant
permission and necessary police protection to perform the cultural
programme (i.e.,) Innisai Katcheri on 06.04.2020 and 09.04.2020
respectively at 08.00 p.m., to 12.00 a.m., and Adal Padal on 08.04.2020 at
08.00 p.m., to 12.00 a.m., in the festival of Arulmighu Sri Muppidathi
Amman Thirukovil at Sivagurunathapuram, Surandai Post, V.K.Pudur
Taluk, Tenkasi District.
For Petitioner : Mr.V.Manikandan
For Respondents : Mrs.S.Bharathi
Government Advocate(Crl.Side)
ORDER
This writ petition has been filed directing the respondents to grant permission and necessary police protection to perform the cultural programme http://www.judis.nic.in (i.e.,) Innisai Katcheri on 06.04.2020 and 09.04.2020 2 respectively at 08.00 p.m., to 12.00 a.m., and Adal Padal on 08.04.2020 at 08.00 p.m., to 12.00 a.m., in the festival of Arulmighu Sri Muppidathi Amman Thirukovil at Sivagurunathapuram, Surandai Post, V.K.Pudur Taluk, Tenkasi District.
2.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate(Crl.Side) appearing for the respondents.
3.The learned Government Advocate(Crl.Side) appearing for the respondents submits that the police does not have any reservations on the place, where the function is to be conducted. However, there is an apprehension that some law and order problem may arise during the programme. She 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 before the respondent police.
4.The respondent police are directed to grant permission for conducting the cultural programme (ie.,) Innisai Katcheri on 06.04.2020 and http://www.judis.nic.in 09.04.2020 respectively at 08.00 p.m., to 11.00 a.m., and Adal Padal 3 on 08.04.2020 at 08.00 p.m., to 11.00 a.m., by enclosing the following conditions:
(a) The Cultural Programmes with audio systems on 06.04.2020, 08.04.2020 and 09.04.2020 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 p.m.
(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; http://www.judis.nic.in 4
(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.
(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”.
5.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.
6.The writ petition stands 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
http://www.judis.nic.in
5
To
1.The Superintendent of Police,
Tenkasi District, Tenkasi.
2.The Inspector of Police,
Surandai Police Station,
Tenkasi District.
http://www.judis.nic.in
6
A.D.JAGADISH CHANDIRA,J.
gns
W.P.(MD)No.4090 of 2020
27.02.2020
http://www.judis.nic.in