Madras High Court
G.Velmurugan vs The Superintendent Of Police on 1 July, 2015
Author: M.M.Sundresh
Bench: M.M.Sundresh
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.07.2015
CORAM
THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH
Writ Petition(MD)No.10921 of 2015
G.Velmurugan ... Petitioner
Vs
1.The Superintendent of Police,
Sivagangai District,
Sivagangai.
2.The Inspector of Police,
Manamadurai 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
respondents to grant permission and necessary police protection to perform
the cultural programme (i.e.) Dance Programme on 03.07.2015 at 06.00 p.m to
10.30 p.m in the festival of Arulmighu Sri Niraikudathu Ayyanar Kovil at
A.Vilakulam, Melapidavur, Sivagangai Taluk, Sivagangai District.
!For Petitioner : Mr.V.Manikandan
For Respondents : Mr.M.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 respondents to grant permission and necessary police protection to perform the cultural programme (i.e.) Dance Programme on 03.07.2015 at 06.00 p.m to 10.30 p.m in the festival of Arulmighu Sri Niraikudathu Ayyanar Kovil at A.Vilakulam, Melapidavur, Sivagangai Taluk, Sivagangai District.
3. Learned counsel for the petitioner would submit that the petitioner is the member of the Vizha festival Committee of Arulmighu Sri Niraikudathu Ayyanar Kovil at A.Vilakulam, Melapidavur, Sivagangai Taluk, 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 cultural programme i.e. "Dance Programme" on 03.07.2015. In this connection, a representation was given on 25.06.2015 to the respondents police, with a request to grant permission to conduct "Dance programme" on 03.07.2015, 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 cultural programme "Dance programme" in connection with the temple festival of Arulmighu Sri Niraikudathu Ayyanar Kovil at A.Vilakulam, Melapidavur, Sivagangai Taluk, Sivagangai District.
6. Accordingly, the writ petition is disposed of with the following directions:
(a) The cultural (dance programme)programme in connection with the temple Festival of Arulmighu Sri Niraikudathu Ayyanar Kovil at A.Vilakulam, Melapidavur, Sivagangai Taluk, Sivagangai District.., be held on 03.07.2015 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 respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
Note:- Issue order copy on 02.07.2015.
To
1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.