Madras High Court
M.R.Dhanasekar vs The Commissioner Of Police on 25 May, 2016
Author: S.S.Sundar
Bench: S.S.Sundar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.05.2016
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR
W.P.(MD) No. 9508 of 2016
M.R.Dhanasekar ... Petitioner
-vs-
1.The Commissioner of Police,
Madurai City, Madurai.
2.The Inspector of Police,
Koodalpudur Police Station,
Madurai. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the respondents to grant
permission and protection for Adal Padal program perform by ?Madurai Cini
Abinaya? in ?Urchava Vizha Alaippithal? scheduled to be held on 28.05.2016 at
?Arulmigu Sri Muthumariamman Thirukovil? at Madhai Thidal, Muthumariamman
Kovil Street, Palaya Vilangudi, Madurai by considering the petitioner's
representation dated 18.05.2016.
!For Petitioner : Mr.R.Karthic Rajan
For Respondents : Mr.D.Muruganandam,
Additional Government Pleader
:O R D E R
The petitioner has come forward with this Writ Petition for issuance of a Mandamus seeking a direction to the respondents to grant permission and protection for Adal Padal program perform by ?Madurai Cini Abinaya? in ?Urchava Vizha Alaippithal? scheduled to be held on 28.05.2016 at ?Arulmigu Sri Muthumariamman Thirukovil? at Madhai Thidal, Muthumariamman Kovil Street, Palaya Vilangudi, Madurai by considering the petitioner's representation dated 18.05.2016.
2. The learned counsel for the petitioner would submit that the villagers jointly decided to conduct Adal Padal programme on28.05.2016 in connection with a festival of ?Arulmigu Sri Muthumariamman Thirukovil? at Madhai Thidal, Muthumariamman Kovil Street, Palaya Vilangudi, Madurai. He would further submit that in this connection, a representation was given to the second respondent on 18.05.2016. with a request to grant permission and protection to conduct the programme on the above said date. However, the respondent Police has not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.
3. The learned Additional Government Pleader appearing for the respondents would submit that this Court may grant permission for Adal Padal programme with stringent conditions.
4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
5.Considering the limited scope of prayer sought for in this petition, the Writ Petition is disposed of with the following directions:
(a) the Adal Padal programme in connection with the festival of ?Arulmigu Sri Muthumariamman Thirukovil? at Madhai Thidal, Muthumariamman Kovil Street, Palaya Vilangudi, Madurai scheduled to be held on 28.05.2016 before 10.30 p.m.
(b) there should not be any kind of obscene dance or vulgar dialogues during the performance, by any one of the participants;
(c) double meaning songs should not be played so as to spoil the minds of students and the youth;
(d) no dance or songs, touching upon any political party or religion, community or caste be played;
(e) no flex boards in support of any political party or religious leader be erected;
(f) the function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(g) 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;
(h) similarly, the Police is empowered to stop the dance programme, if it exceeds beyond the permitted time;
(i) the participants of the programme shall not intake any kind of intoxic substance or liquor during the programme; and
(j) if any untoward incident takes place, the organizers of the programme be made responsible for the same.
The respondent concerned is directed to issue necessary permission, incorporating the above conditions and ensure the observance of the conditions to maintain public order and tranquillity. It is open to the respondent to take appropriate action in the event of non-observance of the conditions stipulated.
No costs.
To
1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Koodalpudur Police Station, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai..