Madras High Court
C.Silambarasan vs The Superintendent Of Police on 1 February, 2019
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2019
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.(MD)No.2112 of 2019
C.Silambarasan ... Petitioner
-vs-
1.The Superintendent of Police,
Pudukkottai District, Pudukottai.
2.The Inspector of Police,
Gandarvakottai Police Station,
Gandarvakottai,
Pudukkottai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of a writ of Mandamus, to direct the
respondents herein to conduct the “Aadalum Paadalum” dance
programme on 10.02.2019 from 08.00 pm to 12.00 pm in pursuant
to the Yearly Thiruvizha of Arulmigu Sree Valampuri Vinayagar
Thirukoil, situated at Sanganviduthi Village, Vellalaviduthi Post,
Gandavakottai Taluk, Pudukkottai District, by considering the
petitioner's representation dated 30.01.2019.
For Petitioner : Mr.D.Rameshkumar
For Respondents : Mr.A.Robinson, G.A.(Crl.side)
ORDER
This Writ Petition has been filed to direct the respondents herein to conduct the “Aadalum Paadalum” dance programme on 10.02.2019 from 08.00 pm to 12.00 pm in pursuant to the Yearly http://www.judis.nic.in 2 Thiruvizha of Arulmigu Sree Valampuri Vinayagar Thirukoil, situated at Sanganviduthi Village, Vellalaviduthi Post, Gandavakottai Taluk, Pudukkottai District, by considering the petitioner's representation dated 30.01.2019.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondents.
3.The learned counsel for the petitioner would submit that the Festival Committee of Arulmigu Sree Valampuri Vinayagar Thirukoil, situated at Sanganviduthi Village, Vellalaviduthi Post, Gandavakottai Taluk, Pudukkottai District have conducted dance programmes for the temple festival every year peacefully. As per the tradition and customs, this year also the Festival Committee have planned to conduct dance programme on 10.02.2019. In this regard, the petitioner gave a representation to the respondents on 30.01.2019. Since no action has been taken, the present writ petition has been filed.
4. The learned Government Advocate(Crl.side) appearing for the respondents, on instructions, would submit that the respondents have no serious objection. He further submitted that http://www.judis.nic.inpermission may be granted subject to stringent conditions. 3
5. Considering the facts and circumstances of the case, the Writ Petition is disposed of with the following directions:
The second respondent/Inspector of Police, Gandarvakottai Police Station, Gandarvakottai, Pudukkottai District is directed to consider the representation of the petitioner, dated 30.01.2019 and to give permission and to provide police protection for cultural programme (i.e.,) Adal Padal in Arulmigu Sree Valampuri Vinayagar Thirukoil, situated at Sanganviduthi Village, Vellalaviduthi Post, Gandavakottai Taluk, Pudukkottai District scheduled to be held on 10.02.2019, subject to the following conditions:-
(a) Adal Padal Dance Programme done by Arulmigu Sree Valampuri Vinayagar Thirukoil, situated at Sanganviduthi Village, Vellalaviduthi Post, Gandavakottai Taluk, Pudukkottai District scheduled to be held on 10.02.2019, should be completed before 11.00 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 as they will spoil the minds of students and youths.
(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.
(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) If there is 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 forthwith; and http://www.judis.nic.in 4 A.D.JAGADISH CHANDIRA.J., gns
(h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.
(i) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions.
6. It is open to the second respondent police to impose any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Board representing any community. No costs.
01.02.2019 Index:Yes/No Internet:Yes/No gns To
1.The Superintendent of Police, Pudukkottai District, Pudukottai.
2.The Inspector of Police, Gandarvakottai Police Station, Gandarvakottai, Pudukkottai District.
W.P.(MD)No.2112 of 2019 http://www.judis.nic.in