P.Ilanchezhian vs The Superintendent Of Police on 3 June, 2016

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Madras High Court

P.Ilanchezhian vs The Superintendent Of Police on 3 June, 2016

Bench: S.Vimala

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED:  03.06.2016  

CORAM   

   THE HONOURABLE Dr. JUSTICE S.VIMALA        

W.P.(MD).No.9850 of 2016  

P.Ilanchezhian                                                  .. Petitioner

        
                                                Vs.



1.The Superintendent of Police,
   Sivagangai District,
   Sivagangai.

2.The Inspector of Police,
   Kalayar Kovil Police Station,
   Sivagangai District.                                         .. Respondents 

PRAYER: Writ Petition filed under under Article 226 of Constitution of India
for the issuance of Writ of Mandamus directing the respondents to grant
permission and necessary police protection to perform the cultural programme
(i.e) Dance Programme on 07.06.2016 and 09.06.2016 at 6.00pm to 11.00 pm in  
the festival of Arulmighu Sri Muthumariamman and parivara Moorthigal
Thirukovil, thiruvizha at Somasundara Nagar,  Kalayar Kovil,  Sivagangai
District.

!For Petitioner            : Mr.V.Manikandan
        
For respondents            : Mr.D.Muruganandham  
                                        Additional Government Pleader 

        
:ORDER

The writ petition has been filed 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 07.06.2016 and 09.06.2016 at 6.00 pm to 11.00 pm in the festival of Arulmighu Sri Muthumariamman and parivara Moorthigal Thirukovil, at Somasundara Nagar, Kalayar Kovil, Sivagangai District.

2. Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4. The learned counsel appearing for the petitioner would submit that the programme is being conducted by the villagers regularly in order to promote harmony during the above said festival period; that a representation was given to the respondents, but, however, the same was not considered by the respondents so far and hence, the petitioner is before this Court with this writ petition. The learned counsel appearing for the petitioner would further submit that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration.

5. The learned Additional Government Pleader appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with appropriate and stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme.

6. Accordingly, in view of the submission made by the learned Additional Government Pleader, the Writ Petition is disposed of with the direction to the respondent police to accord permission to the petitioner to conduct the cultural programme (i.e) Dance Programme at Somasundara Nagar, Kalayar Kovil, Sivagangai District in connection with festival of Arulmighu Sri Muthumariamman and parivara Moorthigal Thirukovil, at Somasundara Nagar, Kalayar Kovil, Sivagangai District scheduled to be held on 07.06.2016 and 09.06.2016 between 07.00 p.m. to 10.30 p.m., by incorporating the following conditions:

(a) Obscene dance / songs / vulgar dialogues should be avoided during the programme;

(b) Songs conveying obscene double meaning should not be played in order to avoid awkwardness;

(c) No dance or songs, touching upon the conduct of any political party or community or caste be played;

(d) No flex boards in support of any political party or religious leader be erected;

(e) The programme shall be conducted without showing any discrimination based on caste / community etc., and it shall be ensured that it is towards promoting communal harmony;

(f) the participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme;

(g) In respect of untoward incident occurring, the organizers of the programme be responsible for the same;

(h) If there is any violation of any of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalayar Kovil Police Station, Sivagangai District.

3. The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.

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