Madras High Court
Murugan vs The Deputy Superintendent Of Police on 9 November, 2022
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
W.P(MD)No.25408 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.11.2022
CORAM :
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P(MD)No.25408 of 2022
Murugan ...Petitioner
Vs.
1.The Deputy Superintendent of Police,
Tenkasi,
Tenkasi District.
2.The Inspector of Police,
Alangulam Police Station,
Tenkasi District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the second
respondent and requested him to grant permission for conducting “Pongal”
festival followed by cultural programs including the dance program “Adal
Padal” schedule to be at 06.00 p.m., on 12.11.2022 at Arulmigu Sri Santhana
Mariamman Thirukovil at Alangulam, Tenkasi District.
For Petitioner : Ms.K.Srinivsaragavan
For Respondents : Mr.R.Suresh Kumar
Government Advocate (Crl.side)
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W.P(MD)No.25408 of 2022
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the second respondent and requested him to grant permission for conducting “Pongal” festival followed by cultural programs including the dance program “Adal Padal” schedule to be at 06.00 p.m., on 12.11.2022 at Arulmigu Sri Santhana Mariamman Thirukovil at Alangulam, Tenkasi District.
2.The learned Government Advocate (Crl.side) takes notice for the official Respondents. By consent, the Writ Petition itself is taken up for final disposal.
3.Heard the learned Counsel for the Petitioner and the learned Government Advocate (Crl.side) appearing for the Respondents.
4.The learned Government Advocate (Crl.side) stating that there is no previous case pending against the Petitioner, hence no objection.
5.The learned Counsel appearing for the Petitioner would submit that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration. 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.25408 of 2022
6.The learned Government Advocate (Crl.side) appearing for the Respondents, on instructions, would submit that the permission sought for by the Petitioner may be granted with appropriate and stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme. He would also submit that no previous case is pending against the Petitioner.
7.In view of the submission made by the learned Government Advocate (Crl.side), the Writ Petition is disposed of, with a direction to the Respondents concerned to accord permission and Police Protection to conduct the temple festival and Cultural Programme in connection with the above said festival of the said Temple on above said date, between 7.00 p.m., and 10.00 p.m., by incorporating the following conditions:
a) Obscene dance/songs/vulgar dialogues should be avoided during the programme and the performers must be decently clothed;
b) Songs conveying obscene double meaning should not be played in order to avoid awkwardness;3/6
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c) No dance or song, touching upon the conduct of any political party or community or caste be played;
d) No flex boards in support of any political party or religious leader be erected;
e) The programme shall be conducted without showing any discrimination based on caste/community etc., and it shall be ensured that it is towards promoting communal harmony;
f) The Participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme;
g) In respect of untoward incident occurring, the organizers of the programme be responsible for the same;
h) The Organizers shall have the names and other particulars of performers; and
i) If there is any violation of any of the conditions imposed, the Station House Officer of the Police Station concerned is at liberty to take necessary 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.25408 of 2022 action, as per law and stop such performance. No costs.
09.11.2022 Index :Yes/No Internet : Yes/No indu Note: Issue Order copy on 09.11.2022 To
1.The Deputy Superintendent of Police, Tenkasi, Tenkasi District.
2.The Inspector of Police, Alangulam Police Station, Tenkasi District.
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