Madras High Court
A.Subramani vs The Superintendent Of Police on 15 April, 2019
Author: M.Dhandapani
Bench: M.Dhandapani
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.9162 of 2019
A.Subramani .. Petitioner
Vs.
1.The Superintendent of Police,
Theni District,
Theni.
2.The Inspector of Police,
Veerapandi Police Station,
Theni District. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India, seeking for issuance of a Writ of Mandamus, directing the
respondents to grant permission and protection to conduct Adal
Padal, Amman Dance, Bharathanatiyam and other devotee dance
i.e., Adal Padal Dance Programme on 19.04.2019 from 07.00 p.m.
to 11.00 p.m. in the festival of Arulmighu Sri Alazhu Malaiyan
Thirukovil at Dharmapuri, Theni District.
For Petitioner :Mr.V.Manikandan
For Respondents :Mrs.S.Bharathi
Government Advocate
(Criminal side)
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to grant permission http://www.judis.nic.in 2 and protection to conduct Adal Padal, Amman Dance, Bharathanatiyam and other devotee dance i.e., Adal Padal Dance Programme on 19.04.2019 from 07.00 p.m. to 11.00 p.m. in the festival of Arulmighu Sri Alazhu Malaiyan Thirukovil at Dharmapuri, Theni District.
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondent.
3.According to the petitioner, he is the Organizer of Thiru Vizha Committee of Arulmighu Sri Alazhu Malaiyan Thirukovil, at Dharmapuri, Theni District. Every year, the entire Village people used to celebrate the Temple festival and this year also, they decided to conduct the Temple festival on 19.04.2019 and on the day of the festival, the festival committee, has planned to conduct Adal Padal, Amman Dance, Bharathanatiyam and other devotee dance i.e., Adal Padal Dance Programme from 07.00 p.m. to 11.00 p.m. In this regard, the petitioner has given a representation dated 03.04.2019 to the second respondent seeking permission and police protection to conduct the above said programme. Since the said representation was not considered by the second respondent, the http://www.judis.nic.in 3 petitioner has come up with the present Writ Petition.
4.The learned Government Advocate (Criminal side) appearing for the respondents, on instructions, submitted that the respondent police has no serious objection, however, a permission may be granted subject to stringent conditions.
5.Taking into consideration the submission of the both parties, the second respondent is directed to consider the representation of the petitioner, dated 03.04.2019 and to give permission for the Adal Padal, Amman Dance, Bharathanatiyam and other devotee dance, i.e., Adal Padal Dance Programme, scheduled to be held on 19.04.2019 from 08.00 p.m. to 10.00 p.m. in Arulmighu Sri Alazhu Malaiyan Thirukovil at Dharmapuri, Theni District, subject to the following conditions:-
(a) The abovesaid programme
scheduled to be held on 19.04.2019 in
Arulmighu Sri Alazhu Malaiyan Thirukovil at Dharmapuri, Theni District, should be completed before 10.00 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 http://www.judis.nic.in 4 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.
(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 impose 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 board representing any community. http://www.judis.nic.in 5
7.With the above directions, this Writ Petition is disposed of. No costs.
15.04.2019 smn2 Note: Issue order copy on 16.04.2019 To
1.The Superintendent of Police, Theni District, Theni.
2.The Inspector of Police, Veerapandi Police Station, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 6 M.DHANDAPANI, J.
smn2 W.P.(MD)No.9162 of 2019 15.04.2019 http://www.judis.nic.in