Madras High Court
V.Shanmuganathan vs The Superintendent Of Police on 11 August, 2017
Author: S.S.Sundar
Bench: S.S.Sundar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.08.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P.(MD) No.15163 of 2017
V.Shanmuganathan ... Petitioner
-Vs-
1.The Superintendent of Police
Dindigul District, Dindigul.
2.The Inspector of Police
Vadamadurai Police Station,
Dindigul District.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
to issue a writ of Mandamus directing the Respondents to grant permission and
necessary Police Protection to perform the cultural programme (ie.,) Dance
Programme on 16.08.2017 at 7.00 pm to 11.00 pm in the festival of Arulmighu
Sri Bhagavathi Amman, Sri Periya Gandhi Amman Thirukovil Thiruvizha at
Karunchinnanur, Ayyalur, Dindigul District.
!For Petitioner : Mr.Manikandan
For Respondents: Mr.A.K.Baskarapandian
Special Government Pleader.
:ORDER
This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, directing the respondents to grant permission and necessary Police Protection to perform the ?cultural programme (ie.,) Dance Programme? on 16.08.2017 at 7.00 pm to 11.00 pm in the festival of Arulmighu Sri Bhagavathi Amman, Sri Periya Gandhi Amman Thirukovil Thiruvizha at Karunchinnanur, Ayyalur, Dindigul District.
2. The learned counsel for the petitioner would submit that the villagers jointly decided to conduct ?cultural programme (ie.,) Dance Programme? on 16.08.2017 at 7.00 pm to 11.00 pm in connection with the festival of Arulmighu Sri Bhagavathi Amman, Sri Periya Gandhi Amman Thirukovil Thiruvizha at Karunchinnanur, Ayyalur, Dindigul District. He would further submit that in this connection, a representation was given to the respondent on 03.08.2017, with a request to grant permission and protection to conduct the programme on the above said date. However, the respondent Police has not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.
3. The learned Special Government Pleader appearing for the respondents would submit that this Court may grant permission for cultural programme (ie.,) Dance Programme with stringent conditions. He would further submit that there is no adverse report against the Petitioner in conducting the ?cultural programme (ie.,) Dance Programme?.
4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
5. Taking into consideration the facts of the present case and the fact that such programmes are being organized and conducted in every villages all over the state, preventing the petitioner from conducting such programme in this particular village will amount to discrimination. Hence this Court is inclined to pass the following direction:-
?The second respondent/ The Inspector of Police, Vadamadurai Police Station, Dindigul District, is directed to consider the representation of the petitioner, dated 03.08.2017 and to give permission and to provide police protection for ?cultural programme (ie.,) Dance Programme? on 16.08.2017 at 7.00 pm to 11.00 pm in connection with the festival of Arulmighu Sri Bhagavathi Amman, Sri Periya Gandhi Amman Thirukovil Thiruvizha at Karunchinnanur, Ayyalur, Dindigul District, subject to the following conditions;
(a) The ?cultural programme (ie.,) Dance Programme? in connection with the festival Arulmighu Sri Bhagavathi Amman, Sri Periya Gandhi Amman Thirukovil Thiruvizha at Karunchinnanur, Ayyalur, Dindigul District, shall be completed before 10.30 p.m on 16.08.2017.
(b) there should not be any kind of obscene dance or vulgar dialogues during the performance, by any one of the participants;
(c) double meaning songs should not be played so as to spoil the minds of students and the youth;
(d) no dance or songs, touching upon any political party or religion, community or caste be played;
(e) no flex boards in support of any political party or religious 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;
(h) similarly, the Police is empowered to stop the dance programme, if it exceeds beyond the permitted time;
(i) the participants of the programme shall not intake any kind of in- toxic substance or liquor during the programme; and
(j) if any untoward incident takes place, the organizers of the programme be made responsible for the same.
6. The respondent concerned is directed to issue necessary permission, incorporating the above conditions and ensure the observance of the conditions to maintain public order and tranquillity. It is open to the respondent to take appropriate action in the event of non-observance of the conditions stipulated. With the above directions, the Writ Petition is disposed of.
7.The petitioner shall pay a cost of Rs.1000/-(Rupees One Thosuand only) to the credit of the Hon?ble the Chief Justice relief fund, Madurai Bench of Madras High Court, Madurai, by today before 4.30 pm, failing which the order copy shall not be furnished today.
To
1.The Superintendent of Police Dindigul District, Dindigul.
2.The Inspector of Police Vadamadurai Police Station, Dindigul District..