Madras High Court
P.Paramasamy vs The Inspector Of Police on 6 July, 2015
Author: M.M.Sundresh
Bench: M.M.Sundresh
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2015 CORAM THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.11366 of 2015 P.Paramasamy ... Petitioner Vs The Inspector of Police, Batlakundu Police Station, Batlakundu, Dindigul District. ... Respondent Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent herein to grant permission and police protection to conduct Adal Padal dance programme from 08.07.2015 to 11.07.2015 from 09. p.m to 12.00 p.m in pursuance of the Aani festival of the Arulmighu Sri Pidariamman, Sri Muthallamman Temple situated at Kattakammanpatti village, Nilakottai Taluk, Dindigul District. !For Petitioner : Mr.S.Vellaichamy For Respondent : Mr.M.Murugan Government Advocate :ORDER
Mr.Murugan, learned Government Advocate takes notice on behalf of the respondent. 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 respondent herein to grant permission and police protection to conduct Adal Padal dance programme from 08.07.2015 to 11.07.2015 from 09. p.m to 12.00 p.m in pursuance of the Aani festival of the Arulmighu Sri Pidariamman, Sri Muthallamman Temple situated at Kattakammanpatti village, Nilakottai Taluk, Dindigul District.
3. Learned counsel for the petitioner would submit that the petitioner is the Village Nattanmai of the Kattakammanpatti village and further submits the temple of Arulmighu Sri Pidariamman, Sri Muthallamman Temple situated at Kattakammanpatti village, Nilakottai Taluk, Dindigul District, is celebrating "Aani festival" 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"dance programme" from 08.07.2015 to 11.07.2015. In this connection, a representation was given on 30.06.2015 to the respondent police, with a request to grant permission to conduct "Aadal Padal dance program" from 08.07.2015 to 11.07.2015, however no order was passed by the respondent 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 respondent, 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 respondent, this court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'Aadal Padal dance program" in connection with the "Aani festival"
of Arulmighu Sri Pidariamman, Sri Muthallamman Temple situated at Kattakammanpatti village, Nilakottai Taluk, Dindigul District.
6. Accordingly, the writ petition is disposed of with the following directions:
(a) The Aadal Padal dance programme in connection with the Aani Festival of "Arulmighu Sri Pidariamman, Sri Muthallamman Temple situated at Kattakammanpatti village, Nilakottai Taluk, Dindigul District. be held from on 08.07.2015 to 11.07.2015 from 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 respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
Note:- Issue order copy on 07.07.2015.
To The Inspector of Police, Batlakundu Police Station, Batlakundu, Dindigul District.