Madras High Court
S.Muthalaimuthu vs The Superintendent Of Police on 18 January, 2019
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.01.2019
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.(MD)No.942 of 2019
S.Muthalaimuthu ... Petitioner
-vs-
1.The Superintendent of Police,
Trichy District, Trichy.
2.The Inspector of Police,
Vaiyampatti Police Station,
Vaiyampatti, Trichy District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of a writ of Mandamus, to direct the second
respondent to grant permission for yearly festival of Sri
Mathiraiveeran Thirukovil, Velampatti, Vayalogam Post, Illuppur
Taluk, Pudukkottai District St.Vanathu Anthoniyar Church,
Porathakudi, Palayakkottai Post, Manapparai Taluk, Trichy District,
for the “Adal Padal Dance Programme” on 20.01.2019 at about
06.00 p.m. based on the petitioner's representation to the second
respondent dated 06.01.2019.
For Petitioner : Mr.K.Srinivasaragavan
For Respondents : Mr.R.Anandharaj,
Additional Public Prosecutor
ORDER
This Writ Petition has been filed to direct the second respondent to grant permission for yearly festival of Sri http://www.judis.nic.in Mathiraiveeran Thirukovil, Velampatti, Vayalogam Post, Illuppur 2 Taluk, Pudukkottai District St.Vanathu Anthoniyar Church, Porathakudi, Palayakkottai Post, Manapparai Taluk, Trichy District, for the “Adal Padal Dance Programme” on 20.01.2019 at about 06.00 p.m. based on the petitioner's representation to the second respondent dated 06.01.2019.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3.The learned counsel for the petitioner would submit that the Festival Committee of Sri Mathiraiveeran Thirukovil, Velampatti, Vayalogam Post, Illuppur Taluk, Pudukkottai District St.Vanathu Anthoniyar Church, Porathakudi, Palayakkottai Post, Manapparai Taluk, Trichy District, have conducted dance programmes for the temple festival every year peacefully. As per the tradition and customs, this year also the Festival Committee have planned to conduct dance programme on 20.01.2019. In this regard, the petitioner gave a representation to the second respondent on 06.01.2019. Since no action has been taken, the present writ petition has been filed.
4. The learned Additional Public Prosecutor appearing for the http://www.judis.nic.inrespondents, on instructions, would submit that the respondents 3 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, the Writ Petition is disposed of with the following directions:
The second respondent/Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Trichy District is directed to consider the representation of the petitioner, dated 06.01.2019 and to give permission and to provide police protection for cultural programme (i.e.,) Adal Padal in Sri Mathiraiveeran Thirukovil, Velampatti, Vayalogam Post, Illuppur Taluk, Pudukkottai District St.Vanathu Anthoniyar Church, Porathakudi, Palayakkottai Post, Manapparai Taluk, Trichy District scheduled to be held on 20.01.2019, subject to the following conditions:-
(a) Adal Padal Dance Programme done by Sri Mathiraiveeran Thirukovil, Velampatti, Vayalogam Post, Illuppur Taluk, Pudukkottai District St.Vanathu Anthoniyar Church, Porathakudi, Palayakkottai Post, Manapparai Taluk, Trichy District scheduled to be held on 20.01.2019, 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) The function shall not affect either religious or communal harmony and shall be conducted without any http://www.judis.nic.in discrimination based on caste.4
A.D.JAGADISH CHANDIRA.J., gns/cp
(g) 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
(h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.
(i) 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 impose 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.
18.01.2019
Index :Yes/No
Internet :Yes/No
gns/cp
Note: Issue Order Copy on 18.01.2019
To:
1.The Superintendent of Police,
Trichy District, Trichy.
2.The Inspector of Police,
Vaiyampatti Police Station,
Vaiyampatti, Trichy District.
http://www.judis.nic.in W.P.(MD)No.942 of 2019