Madras High Court
P.Selvam vs The Inspector Of Police on 1 September, 2017
Author: S.S.Sundar
Bench: S.S.Sundar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2017 CORAM THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.16548 of 2017 P.Selvam ... Petitioner Vs. The Inspector of Police, Pathamadai Police Station, Tirunelveli District. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to accord permission to use loud speakers at the ?Avani Kodai Vizha festival on 04.09.2017 and 05.09.2017 at ?Arulmighu Sangili Boothathar, Thalavai Madasamy, Sudalai Madasamy? Temple, situated at Maruthupandiyar Street, Pathamadai, Tirunelveli District based on the representation of the petitioner, dated 22.08.2017. !For Petitioner : Mr.S.PremKumar For Respondent : Mr.S.Sadhish Kumar, Additional Government Pleader. :ORDER
This Writ Petition is filed for issuing a Writ of Mandamus, directing the respondent to accord permission to use loud speakers in ?Avani Kodai Vizha? festival on 04.09.2017 and 05.09.2017 at ?Arulmighu Sangili Boothathar, Thalavai Madasamy, Sudalai Madasamy? Temple, situated at Maruthupandiyar Street, Pathamadai, Tirunelveli District based on the representation of the petitioner, dated 22.08.2017.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.
3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct ?Avani Kodai Vizha? festival on 04.09.2017 and 05.09.2017 at ?Arulmighu Sangili Boothathar, Thalavai Madasamy, Sudalai Madasamy? Temple, situated at Maruthupandiyar Street, Pathamadai, Tirunelveli District. He further submitted that in this connection, a representation was given to the respondent on 22.08.2017, 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.
4. The only objection raised by the learned Additional Government Pleader is that the petitioner intends to use loudspeakers and that therefore, permission can be granted subject to restriction of time and use of loudspeakers.
5. Having regard to the fact that the use of loudspeakers also can be permitted subject to certain terms and timing, this Court pass the following direction:-
?i)The second respondent is directed to consider the representation of the petitioner, dated 22.08.2017 and to grant permission to use loudspeakers and to perform all religious functions in connection with the ?Avani Kodai Vizha? at ?Arulmighu Sangili Boothathar, Thalavai Madasamy, Sudalai Madasamy? Temple, at Maruthupandiyar Street, Pathamadai, Tirunelveli District, scheduled to be held on 04.09.2017 and 05.09.2017 and the festival shall be conducted in a peaceful manner.
ii)The second respondent is also directed to consider the representation of the petitioner, dated 21.08.2017 and to give permission and to provide police protection for other cultural events in connection with the festival, subject to the following conditions:-
a) other cultural events in connection with ?Avani Kodai Vizha? at ?Arulmighu Sangili Boothathar, Thalavai Madasamy, Sudalai Madasamy? Temple, at Maruthupandiyar Street, Pathamadai, Tirunelveli District, scheduled to be held on 04.09.2017 and 05.09.2017, should be completed before 10.30 p.m., on each day or as may be permitted by the respondent police.
(b) Use of loudspeakers shall not be permitted beyond 10.30 p.m.
(c) there should not be any kind of obscene dance or vulgar dialogues during the performance, by any one of the participants;
(d) double meaning songs should not be played so as to spoil the minds of students and the youth;
(e) no dance or songs, touching upon any political party or religion, community or caste be played;
(f) no flex boards in support of any political party or religious leader be erected;
(g) the function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(h) 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;
(i) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time;
(j) the participants of the programme shall not intake any kind of in- toxic substance or liquor during the programme; and
(k) if any untoward incident takes place, the organizers of the programme be made responsible for the same.
6. It is open to respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity. There can be a total ban for putting up any Flex Boards representing any community. No costs.
To The Inspector of Police, Pathamadai Police Station, Tirunelveli District.
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