Madras High Court
Jaminthar vs The Superintendent Of Police on 21 February, 2020
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.02.2020
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.(MD)No.3528 of 2020
Jaminthar ... Petitioner
Vs.
1.The Superintendent of Police,
Tenkasi District.
2.The Inspector of Police,
Chinnakovilankulam Police Station,
Tenkasi District. ... Respondents
PRAYER:- Petition filed under Article 226 of the Constitution of India
seeking a Writ of Mandamus, by directing the second respondent to grant
permission to conduct cultural programmes with audio systems on the
“Mahasivarathiri Festival” scheduled on 22.02.2020 from 09.00 pm to
02.00 am in “Vaippar Udaiyar Swamy Thirukovil” situated in Sillikulam,
Periyakovilankulam Village, Tenkasi District as stated in the
representation dated 31.01.2020.
For Petitioner : Mr.RJ.Karthick
For Respondents : Mrs.S.Bharathi
Government Advocate(Crl.Side)
ORDER
This writ petition has been filed directing the second respondent to grant permission to conduct cultural programmes with audio systems on http://www.judis.nic.in 2 the “Mahasivarathiri Festival” scheduled on 22.02.2020 from 09.00 pm to 02.00 am in “Vaippar Udaiyar Swamy Thirukovil” situated in Sillikulam, Periyakovilankulam Village, Tenkasi District as stated in the representation dated 31.01.2020.
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 would submit that they have no objections with regard to the conducting of the poojas as per the customary and religious practice. However, the respondent police have an apprehension that if the cultural programme is conducted beyond 10.00 pm, it will cause disturbance to the public and the nearby neighbors. She would submit 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 cultural 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 http://www.judis.nic.in agreeing to comply with the said conditions by filing necessary 3 undertaking before the respondent police.
4.At this juncture, the learned counsel for the petitioner would submit that the place where the cultural programme is to be conducted is a remote area and it is far away from the residential area. However, he would submit that they will abide by the conditions imposed by the Hon'ble Supreme Court in the case of Noise Pollution ..Vs. Unknown reported in AIR 2005 SC 3136.
4. The respondent police are directed to grant permission for conducting the Mahasivarathiri and cultural programme on 22.02.2020 at about 09.00 p.m to 02.00 a.m, by enclosing the following conditions:
(a) The Cultural Programmes with audio systems on 22.02.2020 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 http://www.judis.nic.in 4 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;
(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 http://www.judis.nic.in consider to impose according to the ground reality”. 5
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 21.02.2020
Internet :Yes/No
gns
Note: Issue order copy on 21.02.2020
http://www.judis.nic.in
6
A.D.JAGADISH CHANDIRA,J.
gns
To
1.The Superintendent of Police,
Tenkasi District.
2.The Inspector of Police,
Chinnakovilankulam Police Station,
Tenkasi District.
W.P.(MD)No.3528 of 2020
21.02.2020
http://www.judis.nic.in