Madras High Court
K.Ragu vs The Superintendent Of Police on 18 February, 2020
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
WP.(MD)No.3192 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 18.02.2020
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
WP.(MD)No.3192 of 2020
K.Ragu ... Petitioner
Vs.
1.The Superintendent of Police,
Pudukkottai District, Pudukkottai.
2.The Inspector of Police,
Vallathirakkottai Police Station,
Pudukkottai District. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, to direct the respondents herein to grant
permission and to provide police protection to conduct the “Aadalum
Paadalum” dance programme on 21.02.2020 from 06.00 p.m to 12.00
a.m in pursuant to the “Maha Sivarathiri Festival” of Malai Mariyamman
Kovil situated at Senthankudi, Mayanur Village, Alangudi Taluk,
Pudukkottai District by considering the petitioner's representation, dated
07.02.2020.
For Petitioner : Mr.D.Rameshkumar
For Respondents : Mrs.S.Bharathi
Government Advocate (Crl. side)
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WP.(MD)No.3192 of 2020
ORDER
This writ petition has been filed seeking for a direction to the respondents herein to grant permission and to provide police protection to conduct the “Aadalum Paadalum” dance programme on 21.02.2020 from 06.00 p.m to 12.00 a.m in pursuant to the “Maha Sivarathiri Festival” of Malai Mariyamman Kovil situated at Senthankudi, Mayanur Village, Alangudi Taluk, Pudukkottai District, by considering the petitioner's representation, dated 07.02.2020.
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 submits that the police does not have any reservations on the place, where the cultrual programmes is to be conducted. However, there is an apprehension that some law and order problem may arise during the Maha Sivarathiri Festival. 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 2/6 http://www.judis.nic.in WP.(MD)No.3192 of 2020 the procedure and instruct the petitioner seeking permission to conduct dance programme to comply with the conditions and permission may be granted subject to the petitioner agreeing to comply with the said conditions.
4.The respondents police are directed to grant permission for conducting the Aadalum Paadalum dance programme on 21.02.2020 at 06.00 p.m to 10.00 p.m, by enclosing the following conditions:
(a) The Aadal Paadal programme in connection with festival or any cultural programme, SHO should specify the time and the same shall not be later than 10.00 p.m
(b) double meaning songs should not be played so as to spoil the minds of students and the youth;
(c) no songs, touching upon any political party or religion, community or caste be played;
(d) Organizers shall not erect any digital banners/pla cards on either side of the arterial roads, platforms, walkways/major roads and any other roads
(e) the function should not affect caste, religious or communal harmony and shall be conducted without any discrimination
(f) 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;
(g) similarly, the Police is empowered to stop the 3/6 http://www.judis.nic.in WP.(MD)No.3192 of 2020 programme, if it exceeds beyond the permitted time;
(h) the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme;
(i) if any untoward incident takes place, the organizers of the programme be made responsible for the same
(j) the authority concerned shall videograph the entire programme at the cost of the applicant and submit the CD to the S.P concerned.
(k)Organizers shall have to obtain all other required permission from the authorities concerned
(l)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 tournament.
6.The writ petition stands disposed of with the above directions. However, there shall be no order as to costs.
Index : Yes/No 18.02.2020
Internet : Yes/No
sji
Note: Issue order copy on 19.02.2020.
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WP.(MD)No.3192 of 2020
To
1.The Superintendent of Police,
Pudukkottai District, Pudukkottai.
2.The Inspector of Police,
Vallathirakkottai Police Station,
Pudukkottai District.
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WP.(MD)No.3192 of 2020
A.D.JAGADISH CHANDIRA, J.,
sji
WP.(MD)No.3192 of 2020
18.02.2020
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