Madras High Court
Manikandan vs The State on 18 August, 2015
Author: R.Mala
Bench: R.Mala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.08.2015
CORAM
THE HONOURABLE MS.JUSTICE R.MALA
W.P.(MD)No.14820 of 2015
Manikandan ... Petitioner
Vs.
The State, represented by
1.The Deputy Superintendent of Police,
Manamadurai,
Sivagangai District.
2.The Inspector of Police,
Thiruppachethi Police Station,
Sivagangai District. ... Respondents
PRAYER
Writ Petition is filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus,calling for the
records relating to the impugned order passed by the first respondent in
Na.Ka.No.23/forecast/Ka.Thu.Ka./Ma.Na./2015 dated 12.082015 in respect of
the Aadal Padal in pursuance to the Avani Festival of Arulmigh Sri
Niraikulathu Ayyanarsamy Temple and quash the same and consequently to direct
the respondents to grant permission to conduct the Aadal Padal dance
programme on 24.08.2015 from 10.00 p.m. To 1.00 a.m. In pursuance to the
Avani Festival of the Arulmighu Niraikulathu Ayyanarsamy Temple situated in
Kalloorani Village, Sivagangai.
!For Petitioner : M/s.M.Subash Babu
^For Respondents : Mr.N.Manoharan
Special Govt.Pleader
:ORDER
This Writ Petition has been filed seeking for the issuance of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent in Na.Ka.No.23/forecast/Ka.Thu.Ka./Ma.Na./2015 dated 12.082015 in respect of the Aadal Padal in pursuance to the Avani Festival of Arulmigh Sri Niraikulathu Ayyanarsamy Temple and quash the same and consequently to direct the respondents to grant permission to conduct the Aadal Padal dance programme on 24.08.2015 from 10.00 p.m. To 1.00 a.m. In pursuance to the Avani Festival of the Arulmighu Niraikulathu Ayyanarsamy Temple situated in Kalloorani Village, Sivagangai.
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 would submit that the villagers jointly decided to conduct the Avani Festival in Arulmighu Niraikulathu Ayyanarsamy Temple situated in Kalloorani Village, Sivagangai from 24.8.2015 to 26.8.2015 with "Aadal Padal dance programme" on 24.08.2015. In this connection, a representation was given to the respondent police on 12.08.2015, with a request to grant permission to conduct the programme on the above said date, however, the respondent Police has rejected the request of the petitioner by an impugned order dated 12.08.2015 stating that the Police Standing Orders 30(2) is in force and to maintain law and order problem the permission was rejected by the above said order Further the learned counsel for the Petitioner would submit that the respondent Police has given permission to other parties to perform valli Thirumanam and also Arichandra Mayana Kandam in the nearby village. Hence the respondents act in a biased manner and want to set aside the same. Hence, the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner further submitted that as the said festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.
4.The learned Special Government Pleader appearing for the respondents, on instructions, would submit that because of the fact the Police Standing orders 30(2) has been in force to maintain law and order problem in that area, the permission sought for by the Petitioner is rejected and he also fairly conceded that the rejection order has been passed by the respondents police in a biased manner and would furthe submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme.
5.Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents,I am of the view that the respondents have acted in a biased manner, rejecting the representation made by the Petitioner stating that they have to maintain law and order problem. But permission has been granted for performing Valli Thirumanam and Arichandra Mayana Kandam in nearby village. So the impugned order dated 12.8.2015 is unsustainable.
6.Accordingly, the impugned order dated 12.8.2015 is hereby set aside and the Writ Petition is disposed of with the following directions:
1.The Petitioner is directed to give fresh representation to the respondent concerned for permission to conduct the Aadal Paadal dance programme and who in turn is directed to consider the same within two days from the date of receipt of representation.
(a)The cultural dance programme in connection with Avani Festival in Arulmighu Niraikulathu Ayyanarsamy Temple situated in Kalloorani Village, Sivagangai be held on 24.08.2015 between 6.00 p.m and 10.30 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 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 case 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 case.
(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; and
(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 toxic substance or liquor during the programme;
(j)If there is any untoward incident took place, the village people and the organizers of the programme be made responsible for the same;
(k)The respondent concerned is directed to issue necessary permission, incorporating the above conditions.
No costs.
To
1.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.
2.The Inspector of Police, Thiruppachethi Police Station, Sivagangai District..