Madras High Court
K.Rathakrishnan vs The Superintendent Of Police on 11 January, 2019
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.01.2019
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.(MD)No.887 of 2019
K.Rathakrishnan ... Petitioner
-vs-
1.The Superintendent of Police,
Sivagangai Police Station,
Sivagangai District.
2.The Inspector of Police,
Kandavarayanpatti Police Station,
Sivagangai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of a writ of Mandamus, directing the
respondents to grant permission and necessary Police Protection to
perform the cultural programme (ie.) Adal Padal Dance Programme
on 20.01.2019 at 7.00 pm to 12.00 pm in the festival of Arulmighu
Sri Ponnazhaki Devi @ Pitari Amman Thirukovil at Velangudi ,
Thirupathur Taluk, Sivagangai District.
For Petitioner : Mr.V.Manikandan
For Respondents : Mr.R.Anandharaj,
Additional Public Prosecutor
ORDER
This Writ Petition has been filed to direct the respondents to grant permission and necessary Police Protection to perform the cultural programme (ie.) Adal Padal Dance Programme on http://www.judis.nic.in 2 20.01.2019 at 7.00 pm to 12.00 pm in the festival of Arulmighu Sri Ponnazhaki Devi @ Pitari Amman Thirukovil at Velangudi , Thirupathur Taluk, Sivagangai District.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3.The learned counsel for the petitioner would submit that the Festival Committee of Arulmigu Ramalinga swamy Udanurai Shree Sivakami Ammal Shree Nambi Singa Perumal Kovil Panangudi Tirunelveli 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 cultural programme (ie.) Adal Padal Dance Programme on 20.01.2019 at 7.00 pm to 12.00 pm in the festival of Arulmighu Sri Ponnazhaki Devi @ Pitari Amman Thirukovil at Velangudi , Thirupathur Taluk, Sivagangai District. In this regard, the petitioner gave a representation to the respondents on 31.12.2018. Since no action has been taken, the present writ petition has been filed.
4. The learned Additional Public Prosecutor appearing for the http://www.judis.nic.inrespondents, on instructions, would submit that the respondents 3 have no serious objection. He further submitted that permission may be granted subject to stringent conditions.
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, Kandavarayanpatti Police Station, Sivagangai District. is directed to consider the representation of the petitioner, dated 31.12.2018 and to give permission and to provide police protection for cultural programme (ie.) Adal Padal Dance Programme in the festival of Arulmighu Sri Ponnazhaki Devi @ Pitari Amman Thirukovil at Velangudi , Thirupathur Taluk, Sivagangai District, scheduled to be held on 20.01.2019, subject to the following conditions:-
(a)Cultural programme (ie.) Adal Padal Dance Programme on 20.01.2019 in the festival of Arulmighu Sri Ponnazhaki Devi @ Pitari Amman Thirukovil at Velangudi , Thirupathur Taluk, Sivagangai District, scheduled to be held on 20.01.2019, 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.
http://www.judis.nic.in 4 A.D.JAGADISH CHANDIRA.J., rj2/ls
(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
(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 put 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.
11.01.2019 Index:Yes/No Internet:Yes/No rj2/ls Note: Issue Order Copy on 11.01.2019 To:
1.The Superintendent of Police, Sivagangai Police Station, Sivagangai District.
2.The Inspector of Police, Kandavarayanpatti Police Station, Sivagangai District.W.P.(MD)No.887 of 2019
http://www.judis.nic.in