Madras High Court
K.Subramani vs The Superintendent Of Police on 16 May, 2019
Author: B.Pugalendhi
Bench: B.Pugalendhi
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.05.2019
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI,J.
WP(MD)No.12205 of 2019
K.Subramani ... Petitioner
Vs.
1.The Superintendent of Police,
Karur District.
2.The Inspector of Police,
Thogaimalai Police Station,
Karur District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus directing the
Respondents to give permission and police protection to conduce
Cultural Program (Music and Dance) is to be held on 28.05.2019
during the temple festival Kaaliamman, Muthalamman and Bagavathi
Amman Thirukkovil situated at Nallamuthupalayam, Pannapatti
Village, Muthurangampatti Post, Kadavoor Taluk, Karur District by
considering the representation of the petitioner dated 13.05.2019.
For Petitioner : Mr.S.Sekar
For Respondents : Mr.K.K.Ramakrishnan,
Additional Public Prosecutor
http://www.judis.nic.in
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ORDER
The petitioner has come forward with this Writ Petition seeking a Writ of Mandamus directing the respondents to grant permission to conduct Cultural programme (Music and Dance) on 28.05.2019 in connection with Kaaliamman, Muthalamman and Bagavathi Amman Thirukkovil situated at Nallamuthupalayam, Pannapatti Village, Muthurangampatti Post, Kadavoor Taluk, Karur District and give adequate police protection in connection with the same.
2.Heard Mr.S.Sekar, learned counsel appearing for the petitioner and Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the respondents.
3.The learned Counsel for the petitioner submitted that this Court in similar such circumstances, has granted the relief by imposing certain conditions and the petitioner is also ready to comply with the conditions as stipulated by this Court.
4.The learned Additional Public Prosecutor appearing for the State vehemently opposes the submission made by the learned Counsel for the petitioner that such programmes are conducted with http://www.judis.nic.in 3 obscenity and it is very difficult to control the same, once the permission is granted. He also opposes the grant of permission that by projecting political leaders in the posters and in the programmes, law and order problem arises in the village. The learned Additional Public Prosecutor further submitted that though the permission is granted with certain conditions, the conditions are not scrupulously followed. It is very difficult to enforce the conditions with the available limited force. He also placed reliance in the decision of the Hon'ble Supreme Court in Churche of God (Full Gospel) in India Vs.K.K.R.Majestic Colony Welfare Association and others, reported in 1 L.W.(Crl) 233.
5.Taking into consideration the facts of the present case and the fact that such programmes are being organized and conducted in every village all over the State, preventing the petitioner alone from conducting such programme would amount to discrimination.
6.Considering the objections of the learned Additional Public Prosecutor that in most of the cases, the conditions are not followed scrupulously and it is very difficult to prevent the violation with the limited available force, the respondent Police are directed to http://www.judis.nic.in 4 consider the representation of the petitioner and grant permission to the petitioner for conducting Cultural programme (Music and Dance), provided if the petitioner submits the undertaking affidavit.
7.The petitioner shall file an undertaking affidavit before the respondent Police with the following undertaking:
" 1/eh';fs; elj;jt[ss
; Mly; ghly; epfH;r;rpapy; g';nfw;Fk;
fiy"h;fs; miuFiw Milfisnah my;yJ Mghr eld
mirt[fisnah gad;gLj;jkhl;lhh;fs;/
2/,ul;il mh;jj
; ghly;fnsh my;yJ trd';fnsh my;yJ rhjp
kjk; bjhlh;ghd trd';fnsh ,lk;bgwhJ/
3/tpsk;gu gyiffs; kw;Wk; Rtbuhl;ofs; gad;gLj;jg;glhJ/ 4/nkYk;. epfH;r;rp khiy 7 kzp Kjy; 10 kzpf;Fs; elj;jp Kof;fg;gLk;/ 5/rl;lk; xG';F rk;ke;jkhf. fhty;Jiwapdh; tpjpf;Fk; epge;jidfis gpd;gw;wp nkw;go epfH;;rr ; p eilbgWk;/ 6/epfH;r;rp bjhlh;ghf tpjpf;fg;gLk; epge;jidfis gpd;gw;w jtWk;gl;rj;jpy;. ePjpkd;wj;jhy; tpjpf;fg;gLk; jz;lidfis Vw;Wf;bfhs;fpnwhk;/"
8.The respondent Police shall also impose such other conditions, which are necessary to maintain law and order. http://www.judis.nic.in 5
9.The organisers shall videograph the entire programme and submit a copy of the same to the respondent Police as well as to the Additional Public Prosecutor. In case of any violation of any of the conditions, the petitioner and the organisers will be held responsible.
10.The respondent Police shall also ensure that the undertaking given by the petitioner and the conditions imposed by the police are followed scrupulously by the petitioner and the organisers.
11.In the event of any violation is reported before this Court and if no proper action has been taken by the Police, Contempt Proceedings would be initiated as against the petitioner and the organisers as well as the respondent Police.
12. With the above direction, this writ petition is disposed of. No costs.
16.05.2019
Index :Yes/No
Internet : Yes/No
cp/pnn
http://www.judis.nic.in
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B.PUGALENDHI,J.
cp/pnn
To
1.The Superintendent of Police,
Karur District.
2.The Inspector of Police,
Thogaimalai Police Station,
Karur District.
WP(MD)No.12205 of 2019
16.05.2019
http://www.judis.nic.in