Madras High Court
P.Duraisingam vs The Superintendent Of Police on 4 September, 2015
Author: R.Mala
Bench: R.Mala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.09.2015
CORAM
THE HONOURABLE MS.JUSTICE R.MALA
W.P(MD)No.16112 of 2015
and
M.P.(MD)No.1 of 2015
P.Duraisingam : Petitioner
Vs.
1.The Superintendent of Police,
Sivagangai District,
Sivagangai.
2.The Inspector of Police,
Salaigramam Police Station,
Sivagangai District. : Respondents
Prayer
Writ Petition is filed under Article 226 of the Constitution of
India for the issuance of Writ of Certiorarified Mandamus, to call for the
impugned order dated 31.08.2015 passed by the second respondent and quash the
same and direct the respondents to grant permission and necessary protection
to perform the cultural programme (i.e.) Dance programme on 06.09.2015 at
07.00 p.m., to 10.00 p.m., in the eve of Krishna Jeyanthi Vizha at South
Valasai Kadu, Salai Gramam Post, Ilayankudi Taluk, Sivagangai District.
!For Petitioner : Mr.V.Manikandan
^For Respondents : Mr.D.Muruganantham,
Additional Government Pleader
:ORDER
Mr.D.Muruganantham, learned Additional Government Pleader, takes notice for the Respondents. By consent, the Writ Petition itself is taken up for final disposal.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the Respondents.
3. The present Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus, to call for the impugned order dated 31.08.2015 passed by the second respondent and quash the same and direct the respondents to grant permission and necessary protection to perform the cultural programme (i.e.) Dance programme on 06.09.2015 at 07.00 p.m., to 10.00 p.m., in the eve of Krishna Jeyanthi Vizha at South Valasai Kadu, Salai Gramam Post, Ilayankudi Taluk, Sivagangai District.
4. The learned counsel for the petitioner would submit that the villagers jointly decided to conduct the festival with cultural dance programme on 06.09.2015. In this connection, a representation was given to the second respondent police, with a request to grant permission to conduct the programme on the above said date, however, the second respondent Police has rejected the request of the petitioner, by impugned order dated 31.08.2015 and hence, the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner would further submit 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.
5.The learned Additional Government Pleader appearing for the respondents, on instructions, would 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.
6. Having considered the facts and circumstances of the case, the reason assigned for rejecting the permission is unsustainable and hence, the impugned order dated 31.08.2015 is set aside.
7. Considering the rival submissions made on either side, this Court is of the view that necessary permission shall be granted to the petitioner and his Villagers to conduct ?cultural dance programme? in connection with the above said festival.
8. Accordingly, the Writ Petition is allowed with the following directions:
(a)The cultural dance programme in connection with 'Krishna Jeyanthi Vizha' at South Valasai Kadu, Salai Gramam Post, Ilayankudi Taluk, Sivagangai District, be held on 06.09.2015 between 07.00 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 cultural 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 second respondent is directed to issue necessary permission, incorporating the above conditions.
No costs. Consequently, the connected miscellaneous petition is closed.
To
1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police,
Salaigramam Police Station,
Sivagangai District. .