Madras High Court
S.Eeswaran vs The Superintendent Of Police on 8 May, 2019
Author: T.Krishnavalli
Bench: T.Krishnavalli
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.05.2019
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
W.P.(MD)No.11526 of 2019
S.Eeswaran ... Petitioner
Vs.
1.The Superintendent of Police,
Theni District,
Theni.
2.The Inspector of Police,
Palani Cettipatti Police Station,
(P.C.Patti Police Station)
Theni District. ... Respondents
PRAYER:- Petition filed under Article 226 of the Constitution of India
seeking a Writ of Mandamus, to direct the respondents to grant
permission to perform the program of 'Adal Padal'' on 09.05.2019 night at
about 8.00 p.m. to 12.00 a.m. at Arulmigu Sri Gowmariamman Theni, is
situated at Aranmanaipudur, Theni District and to provide adequate
police protection based on petitioner's representation dated 27.04.2019.
For Petitioner : M/s.S.Bharathi
For Respondents : Mrs.S.Bharathi
Government Advocate (Crl.side)
*****
ORDER
This writ petition has been filed to direct the respondents to grant permission to perform the program of 'Adal Padal'' on 09.05.2019 night at about 8.00 p.m. to 12.00 a.m. at Arulmigu Sri Gowmariamman Theni, situated at Aranmanaipudur, Theni District and to provide adequate http://www.judis.nic.in police protection based on petitioner's representation dated 27.04.2019. 2
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondents.
3. The learned counsel for the petitioner would submit that the Villagers have conducted the temple festival every year peacefully. As per the tradition and customs, this year also the Villagers have planned to conduct ''Aadal Padal'' Programme on 09.05.2019 at about 08.00 p.m. to 12.00 p.m. In this regard, the petitioner gave a representation to the respondents on 27.04.2019. Since no action has been taken, the present writ petition has been filed.
4. The learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, would submit that the respondents have no serious objection. She further submitted that permission may be granted subject to stringent conditions.
5. Considering the facts and circumstances of the case, this Court grants permission to conduct ''Aadal Padal'' Programme on 09.05.2019 between 07.00 p.m., and 11.00 p.m., and the Writ Petition is disposed of with the following directions:
The second respondent / Inspector of Police, Palani Cettipatti Police Station, Theni District, is directed to consider the representation of the petitioner, dated 27.04.2019 and to http://www.judis.nic.in give permission and to provide police protection for ''Aadal 3 Padal'' Programme, in the festival of ''Arulmigu Sri Gowmariamman', at Aranmanaipudur, Theni District, scheduled to be held on 09.05.2019, subject to the following conditions:-
(a) ''Aadal Padal'' Programme done in ''Arulmigu Sri Gowmariamman', at Aranmanaipudur, Theni District, scheduled to be held on 09.05.2019, 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) No price shall be given in the name of any political party or in the name of any Member associated with any political party.
g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
h) 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
i) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.
j) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions.
http://www.judis.nic.in 4 T.KRISHNAVALLI,J.
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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.
08.05.2019
Internet : Yes/No
Index : Yes/No
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Note: Issue Order Copy on 09.05.2019
To
1.The Superintendent of Police,
Theni District,
Theni.
2.The Inspector of Police,
Palani Cettipatti Police Station,
(P.C.Patti Police Station)
Theni District.
Order made in
W.P.(MD)No.11526 of 2019
http://www.judis.nic.in