Madras High Court
A.Pool Pandiyan vs The Superintendent Of Police
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P(MD)No.7776 of 2022
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED: 22.04.022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.7776 of 2022
and
W.M.P.(MD).No.5846 of 2022
A.Pool Pandiyan ... Petitioner
Vs
1.The Superintendent of Police,
Tenkasi District, Tenkasi.
2.The Deputy Superintendent of Police,
Alangulam Circle,
Alangulam, Tenkasi District.
3.The Inspector of Police,
Surandai Police Station,
Surandai Post, Tenkasi District.
4.The Sub-Inspector of Police,
Surandai Police Station,
Surandai Post, Tenkasi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
to issue a writ of Certiorarified Mandamus, to call for the records in
pursuant to the impugned order passed by the fourth respondent in
Na.Ka.No.05/INSPECTOR/H2PS/TEN/2022 dated 08.04.2022 and
quash the same and consequently direct the respondents to grant
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.7776 of 2022
permission to conduct cultural events during Chithirai Festival at Sri
Alagu Parvathi Amman Temple, Surandai, Veeralakeralamputhur Taluk,
Tirunelveli District and to give police protection during the festival
sessions.
For Petitioner : Mr.S.Sankaranarayanapandian
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor
ORDER
This Writ Petition has been filed for issuance of a writ of Certiorarified Mandamus, to quash the impugned order passed by the fourth respondent in Na.Ka.No.05/INSPECTOR/H2PS/TEN/2022 dated 08.04.2022 and consequently directing the respondents to grant permission to conduct cultural events during Chithirai Festival at Sri Alagu Parvathi Amman Temple, Surandai, Veeralakeralamputhur Taluk, Tirunelveli District and to give police protection during the festival sessions.
2.By consent, the writ petition itself is taken up for final disposal.
3.The petitioner averred that he has been nominated as President of Executive Committee to administer the said temple for conducting the https://www.mhc.tn.gov.in/judis 2/12 W.P(MD)No.7776 of 2022 Chithirai Festival this year and further, more than several decades, his village people were conducting Chithirai festival Therottam every year without any anti-incident and also arranged for cultural events. Hence, the petitioner submitted a representation, dated 01.04.2022 before the fourth respondent. The fourth respondent, by impugned order, dated 08.04.2022, rejected the request made by the petitioner. Challenging the same, the petitioner has filed the present Writ Petition.
4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
5.The learned counsel appearing for the petitioner would submit that this Court repeatedly directs the police officials to grant permission to conduct cultural events and other related programmes with certain conditions. Therefore, he prayed to quash the impugned order passed by the fourth respondent, dated 08.04.2022 and prayed to grant permission to conduct cultural events from 03.05.2022 to 12.05.2022.
6.The learned Additional Public Prosecutor appearing for the respondents submitted that the request made by the petitioner was https://www.mhc.tn.gov.in/judis 3/12 W.P(MD)No.7776 of 2022 rejected on the ground that due to traffic congestion, law and problem etc.
7.It is relevant to rely the order passed by the Division Bench of this Court dated 10.07.2018 made in W.P.(MD)No.14491 of 2018, where, this Court has held as follows:
“3. ....... In M.Velmurugan V. The Superintendent of Police, on 24.01.2018. In passing orders in W.P.(MD) No.13440 of 2017, dated 20.07.2017, this Court had observed as follows:-
“3.We may at the very outset note that the celebrations pertain to Arulmighu Sankaranarayana Swamy Temple, Sankarankovil. It is a very ancient and renowed Temple. It is under the control of the Hindu Religious and Charitable Endowments Department. It is beyond dispute that celebrations in such Temples are customary in nature. It is not as if the writ petitioner is seeking to introduce some new practice.
What is being traditionally held and conducted has to be necessarily followed. Therefore, we have no https://www.mhc.tn.gov.in/judis 4/12 W.P(MD)No.7776 of 2022 hesitation in allowing the writ petition as prayed for” It is also relevant to note the notification dated 10.08.2017 in S.O. 2555(E) by the Ministry of Environment, Forest and Climate Change, wherein, it has been stated as follows:
“3.In the principal rules, in rule 5, for sub-rule (3), the following shall be substituted namely:-
(3)Notwithstanding anything contained in sub-rule(2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calendar year and the concerned State Government or District Authority in respect of its jurisdiction as authorised by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption should be operative.” Considering the above, this Court passed the following order in W.P. https://www.mhc.tn.gov.in/judis 5/12 W.P(MD)No.7776 of 2022 (MD) No.14491 of 2018, which reads as follows:
“7.This Court, taking into consideration the earlier order of this Court and that on earlier occasion, the respondents had not too much to complain of, directs the respondents to grant permission to conduct the “Light Music” and “Patti Mandram” upto 12, mid night, between 17.07.2018 to 28.07.2018. The submission of learned counsel for petitioner that the sound system will be operated within permissible decibel levels is recorded.”
8. In furtherance to above, the Division Bench of this Court recently in W.P.(MD)Nos.17731 of 2018 and etc, batch, dated 10.08.2018, passed the following order:
“2. We are of the view that no public interest is involved in these Writ Petitions. We feel that the need to approach this Court would not have arisen, if only the respondent police considered the request of the petitioners within a reasonable time, i.e., at least two days from the date of receipt of representations. Thus, without expressing any opinion on the merits of the case, we direct the Inspector of Police/Sub-Inspector of Police concerned in all the Writ Petitions to consider and pass appropriate orders on the representations https://www.mhc.tn.gov.in/judis 6/12 W.P(MD)No.7776 of 2022 submitted by the petitioners within a period of two days. In the event of granting permission, the respondent police shall always impose any reasonable conditions, as has been imposed in the earlier occasions.
3. Considering the issue involved, which will be recurring in nature, we direct the Inspector General of Police, South Zone and the Central Zone to issue appropriate directions in this regard to all the police officers concerned coming within their jurisdiction, who would be otherwise dealing with such cases, to take decisions within a period of two days from the date of receipt of representations from the petitioners so that the Courts will not be troubled.
4. It is brought to the notice this Court by Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.A.K.Baskarapandian, learned Special Government Pleader, that the Writ Petitions are being filed, after giving representations in the previous days.
5. We find considerable force in the said submission made by the learned Additional Advocate General. Our directions can never be implemented, if the petitioners rush to this Court on the very next day, after giving representations.
https://www.mhc.tn.gov.in/judis 7/12 W.P(MD)No.7776 of 2022 Therefore, the persons, who seek permission to conduct cultural programme, are required to give representations at least two weeks before the proposed cultural programmes and thereafter, the directions, as given above, will have to be complied with by the police officer concerned.“
9. In view of the above decision rendered by this Court, the impugned order passed by the fourth respondent cannot be sustained and it is liable to be set aside. Accordingly, the impugned order passed by the fourth respondent is quashed. Further, considering the above facts and circumstances of the case, the following directions are issued to the third respondent:-
The third respondent is directed to grant permission and to provide adequate police protection for the cultural programme to be conducted from 11.05.2022 to 12.05.2022 at Sri Alagu Parvathi Amman Temple, Surandai, Veeralakeralamputhur Taluk, Tirunelveli District subject to the following conditions:
a) the cultural programme in connection with a Festival in Sri Alagu Parvathi Amman Temple, Surandai, Veeralakeralamputhur Taluk, Tirunelveli District scheduled to be held from 11.05.2022 to https://www.mhc.tn.gov.in/judis 8/12 W.P(MD)No.7776 of 2022 12.05.2022 should be completed before 12.00 midnight or within the time permitted by the respondent.
(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) no flex boards in support of any political party or religious leader be erected;
(e) the cultural programme should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(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 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; and
(i) if any untoward incident takes place, the organizers of the programme be made responsible https://www.mhc.tn.gov.in/judis 9/12 W.P(MD)No.7776 of 2022 for the same.
10. Considering the above, the third respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu.
11.It is open to respondent police to put 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 Boards representing any community.
12.This writ petition is disposed of with the above observations and directions. The petitioner is directed to pay a sum of Rs.10,000/- (Rupees Ten thousand only) as costs to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 10.05.2022 and on receipt of the same, the third respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu and grant permission to the writ petitioner to conduct the cultural program from 11.05.2022 to 12.05.2022 between https://www.mhc.tn.gov.in/judis 10/12 W.P(MD)No.7776 of 2022 6.00 p.m., and 11.00 p.m., at Sri Alagu Parvathi Amman Temple, Surandai, Veeralakeralamputhur Taluk, Tirunelveli District subject to the aforesaid conditions. Consequently, the connected miscellaneous petition is also closed.
22.04.022
Internet :Yes
Index :Yes / No
lr
Note:Issue Order copy on or before 06.05.2022 To
1.The Superintendent of Police, Tenkasi District, Tenkasi.
2.The Deputy Superintendent of Police, Alangulam Circle, Alangulam, Tenkasi District.
3.The Inspector of Police, Surandai Police Station, Surandai Post, Tenkasi District.
4.The Sub-Inspector of Police, Surandai Police Station, Surandai Post, Tenkasi District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 11/12 W.P(MD)No.7776 of 2022 G.K.ILANTHIRAIYAN, J.
lr Order made in W.P(MD)No.7776 of 2022 22.04.022 https://www.mhc.tn.gov.in/judis 12/12