Madras High Court
Suriyakumar vs / on 7 November, 2022
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
WP(MD)No.25182 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.(MD)No.25182 of 2022
Suriyakumar ... Petitioner
/vs./
1. The Deputy Superintendent of Police
Nilakottai, Dindigul District.
2. The Inspector of Police
Vilampatti Police Station
Dindigul District ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the second Respondent and request him
to grant permission for conducting Pongal Thiruvizha festival followed by
cultural programes including the dance program (Adal Padal) schedule to be at
06.00 pm on 10.11.2022 at Arulmigu Sri Anaipatti Oorkavalan, Kaliamman
Bagavathiamman, Vettaikaran Thirukovil at Anaipatti Village, Pillaiyarnatham,
Dindigul District passing orders on Petitioner's representation dated 27.10.2022
1/6
https://www.mhc.tn.gov.in/judis
WP(MD)No.25182 of 2022
For Petitioner : Mr.S.Sasikumar
For Respondents : Mr.R.Sureshkumar
Government Advocate(Crl.Side)
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the second Respondent and request him to grant permission for conducting Pongal Thiruvizha festival followed by cultural programes including the dance program (Adal Padal) schedule to be at 06.00 pm on 10.11.2022 at Arulmigu Sri Anaipatti Oorkavalan, Kaliamman Bagavathiamman, Vettaikaran Thirukovil at Anaipatti Village, Pillaiyarnatham, Dindigul District passing orders on Petitioner's representation dated 27.10.2022
2.The learned Government Advocate(Crl.Side) takes notice for the 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. 2/6 https://www.mhc.tn.gov.in/judis WP(MD)No.25182 of 2022
4.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. He would also submit that the Petitioner is the Member of the festival committee.
5.The learned Government Advocate(Crl.Side) appearing for the Respondents, on instructions, would submit that there is programme by the Hon'ble Prime Minster of India on 11.11.2022 in the southern Districts of Tamil Nadu. Therefore, the police are on bandobust duty. He requests the Organizers to consider the conduct of the festival and the cultural programme, namely Aadal Padal to be on a date subsequent to 11.11.2022. Only on such condition, the Respondents will be able to consider the request of the Petitioner.
6.In view of the submission made by the learned Government Advocate(Crl.Side), the Writ Petition is disposed off, with a direction to the Respondents concerned to accord permission and Police Protection to conduct the Cultural Programme any date subsequent to the Hon'ble Prime Minister of India's program, between 7.00 p.m., and 10.00 p.m., by incorporating the following 3/6 https://www.mhc.tn.gov.in/judis WP(MD)No.25182 of 2022 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;
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; 4/6
https://www.mhc.tn.gov.in/judis WP(MD)No.25182 of 2022
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 the Station House Officer concerned is at liberty to take necessary action, as per law and stop such performance.
No costs.
07.11.2022 Index : Yes / No Internet : Yes / No aav Note: Issue Order Copy on 08.11.2022.
TO:
1. The Deputy Superintendent of Police Nilakottai, Dindigul District.
2. The Inspector of Police Vilampatti Police Station Dindigul District
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6
https://www.mhc.tn.gov.in/judis WP(MD)No.25182 of 2022 SATHI KUMAR SUKUMARA KURUP, J.
aav W.P.(MD)No.25182 of 2022 07.11.2022 6/6 https://www.mhc.tn.gov.in/judis