Madras High Court
D.Balasubramanian vs The Superintendent Of Police on 3 September, 2015
Author: R.Mala
Bench: R.Mala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.09.2015
CORAM
THE HONOURABLE MS.JUSTICE R.MALA
W.P(MD)No.15961 of 2015
D.Balasubramanian : Petitioner
Vs.
1.The Superintendent of Police,
Pudukkottai District,
Pudukkottai.
2.The Inspector of Police,
Gandarvakottai Police Station,
Pudukkottai District. : Respondents
Prayer
Writ Petition is filed under Article 226 of the Constitution of
India for the issuance of Writ of Mandamus, directing the second respondent
to grant permission and to provide police protection to conduct the "Aadalum
Paadalum" dance programme on 08.09.2015 from 10.00 p.m., to 01.00 a.m., in
pursuant to the Aavani Thiruvizha of Sree Mariamman Thirukoil situated at
Parukkaividuthi Village, Gandarvakottai Taluk, Pudukkottai District, by
considering the petitioner's representation dated 31.08.2015.
!For Petitioner : Mr.D.Rameshkumar
For Respondents : Mr.N.Manoharan,
Special Government Pleader
:ORDER
Mr.N.Manoharan, learned Special 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 Special Government Pleader appearing for the Respondents.
3. The present Writ Petition has been filed for issuance of a Writ of Mandamus, directing the second respondent to grant permission and to provide police protection to conduct the "Aadalum Paadalum" dance programme on 08.09.2015 from 10.00 p.m., to 01.00 a.m., in pursuant to the Aavani Thiruvizha of Sree Mariamman Thirukoil situated at Parukkaividuthi Village, Gandarvakottai Taluk, Pudukkottai District, by considering the petitioner's representation dated 31.08.2015.
4.The learned counsel appearing for the Petitioner would submit that cultural dance programme is being conducted by the villagers during the above said festival period. In this connection, a representation was given to the Respondents, but, however, the same was not considered by the Respondents so far and hence, the Petitioner is before this Court with this Writ Petition. The learned counsel appearing for the Petitioner would further submit that as the aforesaid 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 Special 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.Accordingly, the Writ Petition is disposed of with the following directions:
(a) The cultural dance programme in connection with the festival of Aavani Thiruvizha of Sree Mariamman Thirukoil situated at Parukkaividuthi Village, Gandarvakottai Taluk, Pudukkottai District, be held on 08.09.2015 between 08.00 p.m., and 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 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;
(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; and
(k)The second Respondent is directed to issue necessary permission, incorporating the above conditions.
No order as to costs.
To
1.The Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Inspector of Police,
Gandarvakottai Police Station,
Pudukkottai District. .