Madras High Court
S.Subbiah vs The Superintendent Of Police on 5 October, 2017
Author: S.S.Sundar
Bench: S.S.Sundar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.10.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR
W.P.(MD) No.18454 of 2017
S.Subbiah ... Petitioner
-Vs-
1. The Superintendent of Police,
Sivagangai,
Sivagangai District.
2.The Inspector of Police,
Thiruppuvanam Police Station,
Thiruppuvanam Taluk,
Sivagangai District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents to give the
permission and adequate police protection for conducting Adal Padal Dance
Programme on 05.10.2017 in the eve of Ealu Kovil Puravi Eduppu Festival
infront of Arulmigu 'Sri Veeramahaliyamman' temple belongs to Ladanenthal
Village, Thiruppuvanam Taluk, Sivagangai District on the basis of the
petitioner's representation dated 03.10.2017.
!For Petitioner : Mr.M.Ganesan
For Respondents : Mr.D.Muruganantham
Additional Government Pleader.
:ORDER
This Writ petition has been filed for issuance of a Writ of Mandamus, to direct the respondents to give permission and adequate police protection for conducting Adal Padal Dance Programme on 05.10.2017 in the eve of Ealu Kovil Puravi Eduppu Festival infront of Arulmigu 'Sri Veeramahaliyamman' temple belongs to Ladanenthal Village, Thiruppuvanam Taluk, Sivagangai District on the basis of the petitioner's representation dated 03.10.2017.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3.The learned counsel for the petitioner submitted that the villagers jointly decided to conduct ?Adal Padal? dance programme on 05.10.2017 in connection with ?Ealu Kovil Puravi Eduppu Festival? in Arulmigu 'Sri Veeramahaliyamman' temple belongs to Ladanenthal Village, Thiruppuvanam Taluk, Sivagangai District. He further submitted that in this connection, a representation was given to the respondents on 03.10.2017, 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.
4. The learned Additional Government Pleader appearing for the respondents submitted that this Court may grant permission for conducting ?Adal Padal? Dance programme 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, Thiruppuvanam Police Station, Sivagangai District, is directed to consider the representation of the petitioner, dated 03.10.2017 and to give permission and provide police protection for ?Adal Padal? dance programme in connection with ?Ealu Kovil Puravi Eduppu Festival? in Arulmigu 'Sri Veera mahaliyamman' temple belongs to Ladanenthal Village, Thiruppuvanam Taluk, Sivagangai District, scheduled to be held on 05.10.2017, subject to the following conditions;
(a) the ?Adal Padal? programme in connection with ?Ealu Kovil Puravi Eduppu Festival? in Arulmigu 'Sri Veeramahaliyamman' temple belongs to Ladanenthal Village, Thiruppuvanam Taluk, Sivagangai District, scheduled to be held on 05.10.2017, should be completed before 10.30 p.m or as may be directed by the second respondent police.
(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) there should not be any Flex Boards representing any community or political leaders;
(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 programme, if it exceeds beyond the permitted time;
(i) the participants of the programme shall not intake any kind of in-
toxic 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.
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 tranquillity. There can be a total ban for putting up any Flex Boards representing any community. No costs.
To
1.The Superintendent of Police, Sivagangai, Sivagangai District.
2.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam Taluk, Sivagangai District.
.