Madras High Court
A.L.Gandhi vs The Superintendent Of Police on 26 June, 2015
Author: M.M.Sundresh
Bench: M.M.Sundresh
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.06.2015
CORAM
THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH
Writ Petition(MD)No.10509 of 2015
A.L.Gandhi ... Petitioner
Vs
1.The Superintendent of Police,
Sivagangai District,
Sivagangai.
2.The Inspector of Police,
Mathagupatti 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 Mandamus, directing the second
respondent to grant permission to the petitioner's temple festival for
conducting Adal Padal Kalai Nigalchi"at the evening hours on 30.06.2015 in
Sri Bulvanayaki Amman Temple, Paganeri, Sivagangai District with necessary
protection.
!For Petitioner : Mr.S.Kameswaran
For Respondents : Mr.Murugan
Government Advocate
:ORDER
Mr.Murugan, learned Government Advocate takes notice on behalf of the respondents. By consent, the writ petition is taken up for disposal at the stage of admission.
2. This writ petition has been filed seeking for the issuance of Writ of Mandamus, to direct the second respondent to grant permission to the petitioner's temple festival for conducting "Adal Padal Kalai Nigalchi" at the evening hours on 30.06.2015 in Sri Bulvanayaki Amman Temple, Paganeri, Sivagangai District with necessary protection.
3. Learned counsel for the petitioner would submit that the petitioner is the Committee member of the Sri Bulvanayaki Amman Temple, Paganeri, Sivagangai District and every year temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival, with "Aadal Padal Kalai Nigalchi" on 30.06.2015. In this connection, a representation was given on 23.06.2015 to the respondents police, with a request to grant permission to conduct "Aadal Padal Kalai Nigalchi" on 23.06.2015, however no order was passed by the respondents on the said representation and hence the petitioner is before this Court with this writ petition. The learned counsel for the petitioner further submitted that as the temple festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.
4. Mr.Murugan, learned Government Advocate 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.
5. Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents, this court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'Aadal Padal Kalai Nigalchi" in connection with the temple festival of Sri Bulvanayaki Amman Temple, Paganeri, Sivagangai.
6. Accordingly, the writ petition is disposed of with the following directions:
(a) The Aadal Padal Kalai Nigalchi programme in connection with the temple Festival of Sri Bulvanayaki Amman Temple, Paganeri, Sivagangai, be held on 30.06.2015 between 06.00 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 youths.
(d) No dance or songs, touching upon any political party or religion or community or caste be played.
(e) No flex boards in support of any political party or communal leader be erected.
(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(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 entitled to stop the dance programme, if it exceeds beyond the permitted time.
(I) The second respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
To
1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Mathagupatti Police Station, Sivagangai District.