Madras High Court
P.Vijaya Baskar vs The Superintendent Of Police on 11 December, 2018
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.[MD].No.24338 of 2018
P.Vijaya Baskar : Petitioner
Vs.
1.The Superintendent of Police,
Theni District,
Theni.
2 .The Inspector of Police,
Chinnamanur Police Station,
Theni District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to grant
permission and necessary police protection to perform the cultural
programme (i.e,) Adal Padal Dance Programme on 12.12.2018 at
07.00 p.m to 11.00 p.m in the festival of Sri Bagavathi Amman
Thirukovil at Thiruvalluvar School Street, Chinnamanur,
Uthamapalayam Taluk, Theni District.
http://www.judis.nic.in
2
For petitioner : Mr.V.Manikandan
For respondents : Mr.R.Anandharaj
Additional Public Prosecutor
ORDER
********* This Writ Petition has been filed to direct the respondents to grant permission and necessary police protection to perform the cultural programme (i.e,) Adal Padal Dance Programme on 12.12.2018 at 07.00 p.m to 11.00 p.m in the festival of Sri Bagavathi Amman Thirukovil at Thiruvalluvar School Street, Chinnamanur, Uthamapalayam Taluk, Theni District.
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 petitioner is the Organizer of Thiruvizha Festival Committee of Sri Bagavathi Amman Thirukovil at Thiruvalluvar School Street, Chinnamanur, Uthamapalayam Taluk, Theni District. Every year, the petitioner's villagers used to celebrate festival with great spirit and holiness by the worshipers of above said temple. The said celebration http://www.judis.nic.in 3 in the month of December has been done from time immemorial. This year also, the petitioner's villagers are schedule to conduct the festival of Sri Bagavathi Amman Thirukovil at Thiruvalluvar School Street, Chinnamanur, Uthamapalayam Taluk, Theni District on 12.12.2018. The Festival Committee has planned to conduct the dance programme on 12.12.2018. Earlier, the petitioner's festival committee has conducted above said programme in the eve of the festival peacefully, without any law and order problem. In this regard, the petitioner gave a representation to the second respondent on 03.12.2018. Since no action has been taken, the present writ petition has been filed.
4. The learned Additional Public Prosecutor 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, the Writ Petition is disposed of with the following directions:
The second respondent/The Inspector of Police, Chinnamanur Police Station, Theni District, is directed to consider the representation http://www.judis.nic.in 4 of the petitioner, dated 03.12.2018 and to give permission and to provide police protection for Adal Padal Dance Programme done by Sri Bagavathi Amman Thirukovil at Thiruvalluvar School Street, Chinnamanur, Uthamapalayam Taluk, Theni District scheduled to be held on 12.12.2018, subject to the following conditions;
(a) Adal Padal Dance Programme done by Sri Bagavathi Amman Thirukovil at Thiruvalluvar School Street, Chinnamanur, Uthamapalayam Taluk, Theni District scheduled to be held on 12.12.2018, 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 discrimination based on caste.
(g) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take http://www.judis.nic.in 5 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 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.
11.12.2018
Index : Yes/No
Internet : Yes/No
lskn
Note:- Issue order copy today.
To
1.The Superintendent of Police,
Theni District,
Theni.
2 .The Inspector of Police,
Chinnamanur Police Station,
Theni District.
http://www.judis.nic.in
6
A.D.JAGADISH CHANDIRA, J.
skn
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
W.P.[MD].No.24338 of 2018
11.12.2018
http://www.judis.nic.in