Madras High Court
P.Tamilarasan vs The Superintendent Of Police on 16 April, 2019
Author: M.Dhandapani
Bench: M.Dhandapani
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.9334 of 2019
P.Tamilarasan ... Petitioner
Vs.
1.The Superintendent of Police,
Theni District,
Theni.
2.The Inspector of Police,
Devaram Police Station,
Theni District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, by directing the respondents
to grant permission and necessary protection to perform the cultural
programme (I.e.,) Adal Padal Dance Programme Bharathanatiyam
on 27.04.2019 at 7.00 pm to 11.00 pm in the festival of Arulmighu
Sri Petchiyamman Thirukovil, at Thambinayakkanpatti,
Uthamapalayam, Theni District.
For Petitioner :Mr.V.Manikandan
For Respondents : Mrs.S.Bharathi
Government Advocate (Crl. Side)
ORDER
This writ petition has been filed to direct the respondents to grant permission and necessary protection to perform the cultural programme (I.e.,) Adal Padal Dance Programme Bharathanatiyam on 27.04.2019 at 7.00 pm to 11.00 pm in the festival of Arulmighu Sri Petchiyamman Thirukovil, at http://www.judis.nic.in Thambinayakkanpatti, Uthamapalayam, Theni District.
22. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
3. The learned counsel for the petitioner would submit that the Villagers have conducted the temple festival every year peacefully. As per the tradition and customs, this year also the Villagers have planned to conduct the “Adal Padal Dance Programme Bharathanatiyam” on 27.04.2019 at 07.00 p.m. to 11.00 p.m. In this regard, the petitioner gave a representation to the respondents on 11.04.2019. Since no action has been taken, the present writ petition has been filed.
4. The learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, would submit that the respondents have no serious objection. He further submitted that permission may be granted subject to stringent conditions.
5. Considering the facts and circumstances of the case, this Court grants permission to conduct the “Adal Padal Dance Programme Bharathanatiyam” on 27.04.2019 in “Arulmighu Sri Petchiyamman Thirukovil”, Thambinayakkanpatti, Uthamapalayam, http://www.judis.nic.in 3 Theni District and the Writ Petition is disposed of with the following directions:
The second respondent / The Inspector of Police, Devaram Police Station, Theni District, is directed to consider the representation of the petitioner dated 11.04.2019 and to give permission and to provide police protection for “Adal Padal Dance Programme Bharathanatiyam” in the festival of “Arulmighu Sri Petchiyamman Thirukovil”, Thambinayakkanpatti, Uthamapalayam, Theni District scheduled to be held on 27.04.2019, subject to the following conditions:-
(a) programme i.e.,Adal Padal Dance Programme Bharathanatiyam, done in “Arulmighu Sri Petchiyamman Thirukovil”, Thambinayakkanpatti, Uthamapalayam, Theni District, scheduled to be held on 27.04.2019, should be completed before 11.00 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 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) No donation shall be received from any political party or in the name of any Member associated with any political party.
(g) No price shall be given in the name of any political party or in the name of any Member associated with any political party. http://www.judis.nic.in 4
(h) No speeches supporting or opposing any political party shall be made. No symbol of any political party or picture of any person affiliated in the political party shall be used.
(i) The function will be conducted in the spirit of function and there will not be a bogey for political parties for the general election, 2019.
(j) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(k) 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
(l) Similarly, the police is directed to stop the programme, if it is conducted beyond the permitted time limit.
(m) 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 put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Board representing any community. No costs.
16.04.2019
Internet : Yes/No
Index : Yes/No
vsg
http://www.judis.nic.in
5
To
1.The Superintendent of Police,
Theni District,
Theni.
2.The Inspector of Police,
Devaram 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.
vsg W.P.(MD)No.9334 of 2019 16.04.2019 http://www.judis.nic.in