Arivalagan vs The Superintendent Of Police on 13 July, 2017

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Madras High Court

Arivalagan vs The Superintendent Of Police on 13 July, 2017

Bench: S.S.Sundar

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 13.07.2017  

CORAM   

THE HON'BLE MR.JUSTICE S.S.SUNDAR        

W.P.(MD) No. 12903 of 2017  

Arivalagan                                                   ... Petitioner

                                            -Vs-


1.The Superintendent of Police,
   Office of the Superintendent of Police,
   Dindigul District,  Dindigul.

2.The Inspector of Police,
   Sanarpatti Police Station,
   Sanarpatti
   Dindigul District.                                    ... Respondents


Prayer: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, to direct the respondents  to grant permission
and police protection for conducting ?Aadal Paadal? dance programme on 
15.07.2017 night at about 7.00 P.M. to 12.00 P.M. for the ?Arulmigu Sri
Kariyamman?, ?Malaiyamman?, ?Sri Sangili Karuppu? and ?Arulmigu Sri    
Kaliyamman? Temples situated at J.Poovakilavanpatti, Jothampatti Post,
Dindigul East Taluk, Dindigul District on the basis of the petitioner's
representation dated 29.06.2017.

!For Petitioner : Mr.S.K.Karthick Subramanian 

For Respondents: Mr.A.K.Baskarapandian   
                                          Special Government Pleader.





:ORDER

The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus, to direct the respondents to grant permission and police protection for conducting ?Aadal Paadal? dance programme on 15.07.2017 night at about 7.00 P.M. to 12.00 P.M. for the ?Arulmigu Sri Kariyamman?, ?Malaiyamman?, ?Sri Sangili Karuppu? and ?Arulmigu Sri Kaliyamman? Temples situated at J.Poovakilavanpatti, Jothampatti Post, Dindigul East Taluk, Dindigul District on the basis of the petitioner's representation dated 29.06.2017.

2. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct ?Adal Padal? dance programme on 15.07.2017 in connection with a festival in ?Arulmigu Sri Kariyamman?, ?Malaiyamman?, ?Sri Sangili Karuppu? and ?Arulmigu Sri Kaliyamman? Temples situate at J.Poovakilavanpatti, Jothampatti Post, Dindigul East Taluk, Dindigul District. He further submitted that in this connection, a representation was given to the respondentd on 29.06.2017, 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. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

4. The learned Special Government Pleader appearing for the respondents stated that the programme is likely to attract the public from nearby villages and that therefore permission may be granted subject to stringent condition.

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. However, taking into account the objections of the respondent police, this Court is inclined to pass the following direction:-

?The second respondent/Inspector of Police, Sanarpatti Police Station, Sanarpatti, Dindigul District, is directed to consider the representation of the petitioner, dated 29.06.2017 and to give permission and to provide police protection for ?Adal Padal? dance programme in connection with the festival in ??Arulmigu Sri Kariyamman?, ?Malaiyamman?, ?Sri Sangili Karuppu? and ?Arulmigu Sri Kaliyamman? Temples situate at J.Poovakilavanpatti, Jothampatti Post, Dindigul East Taluk, Dindigul District, scheduled to be held on 15.07.2017, subject to the following conditions;

(a) the ?Adal Padal? programme in connection with the festival in ?Arulmigu Sri Kariamman Malaiyamman?, ?Sri Sangili Karuppu? and ?Arulmigu Sri Kaliyamman? Temples situate at J.Poovakilavanpatti, Jothampatti Post, Dindigul East Taluk, Dindigul District, scheduled to be held on 15.07.2017 should be completed before 10.30 p.m.

(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. 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 of any Flex Boards representing any community.

7. With the above directions, the Writ petition is disposed of. No costs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Sanarpatti Police Station, Sanarpatti Dindigul District.

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