Madras High Court
K.Chinnapandi vs The District Collector on 18 September, 2017
Author: S.S.Sundar
Bench: S.S.Sundar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.09.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR
W.P.(MD) No. 16566 of 2017
K.Chinnapandi ... Petitioner
-Vs-
1.The District Collector,
O/o. the District Collector,
Madurai District.
2.The Superintendent of Police,
O/o. Superintendent of Police,
Moondrumavadi, Madurai.
3.The Deputy Superintendent of Police,
O/o. the Deputy Superintendent of police,
Usilampatti,
Madurai. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents to permit the
petitioner and other scheduled caste community of the Pottalpatti Village to
celebrate the Kumbabishekam of the Village Deity Kaliamman from 03.10.2017 to
05.10.2017 and provide police protection to the life and liberty of
Adidravidar People of Pottalpatti Village, Usilampatti Talk, Madurai
District.
!For Petitioner : Mr.A.Rajini
For Respondents : Mr.S.Sathish Kumar
Additional Government Pleader.
:ORDER
The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus seeking a direction to the respondents to permit the petitioner and other scheduled caste community of the Pottalpatti Village to celebrate the Kumbabishekam of the Village Deity Kaliamman from 03.10.2017 to 05.10.2017 and provide police protection to the life and liberty of Adidravidar People of Pottalpatti Village, Usilampatti Talk, Madurai District.
2.The learned counsel for the petitioner stated that the Pottalpatti is a village, where 250 Adidravidar and 450 caste Hindu families are living. It is further stated that Kaliamman is a deity traditionally worshiped by Dalits of that area and that the temple is located in the Adidravidar residential area.
3.The case of the petitioner is that they have organized the Kumbabisekam festival for the village Deity Kaliamman. As they want to celebrate the festival in a grand scale by inviting friends and relatives from the nearby villages, it is stated that in order to make the festival a grand event and for that the petitioner and others have devised plans for putting up colorful lightnings, loud speakers and to conduct some cultural events to create and to enhance the mood of festivity. When the representation was given, it appears that the celebration of the festival by Adidravidar by exercising their right to worship was objected. Earlier, the Revenue Divisional Officer has conducted a peace committee meeting by inviting more persons belonging Adidravidar and others and as per the resolution of the peace committee meeting both have accepted that they will not put banner, flux boards or any other serial set, lights or even loud speakers in public place. It is represented before this Court that they were compelled to sign in that resolution.
4.This Court earlier, by taking into consideration the grievance of the petitioner, directed the respondents to conduct a fresh peace committee meeting, so that the petitioners can be given permission to put flux boards, banner, serial set etc., even in public places without disturbing any other community people subject to any restrictions, so that there won't be any inconvenience to other community people.
5.Today, when the matter is called, the learned counsel for the petitioner produced, before this Court, the resolution passed in the peace committee meeting, dated 15.09.2017, wherein it is stated that such flux boards, serial set, lights etc., can be put by the petitioner only in their patta land and not in public place. The decisions of the peace committee was not agreed by the representatives of the petitioner. They also reported that their grievance will be expressed before the Court so that they will get justice by orders through Court. The learned counsel for the petitioner produced some photographs before this Court to show that the petitioner wants to put serial set, lights, speakers etc., only on either side of road leading to the village.
6. It is to be noted that in this small village loud speakers can be put only in public or common places. The permission sought for to put banners, flux boards, serial set, lights and arches etc., cannot be objected under law. Only if the loud speakers and flux boards representing any community or leaders is put, the police may have objections so as to maintain law and order and communal harmony. Having regard to the specific grievance expressed by the petitioner, this Court is inclined to pass the following order;
(i)The respondents are directed to permit the petitioner and other Scheduled Caste community of Pottalpatti village to celebrate the Kumbabisekam of Deity Kaliamman from 03.10.2017 to 05.10.2017 and to provide police protection to the life and liberty of Adidravidar of Pottalpatti village, Peraiyur Taluk, Madurai District, during the festival.
(ii)The petitioner shall not put any banner, flux boards or loud speakers in any public place. However, the petitioner shall be permitted to put serial sets, lights, arches and boards ect., either in patta lands or in public land subject to any reasonable restrictions, so as to avoid any inconvenience to the public or required for maintaining law and order and communal harmony.
(iii)The petitioner shall be given permission to conduct any cultural event or any other programme in relation to the temple festival subject to any reasonable restrictions, so as to maintain law and order and communal harmony.
7.Though the petitioner is permitted to conduct the cultural event, the cultural event will be conducted subject to the following conditions:-
The respondent Police, Maduri 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? in connection with the festival in ?Kumbabishekam of the Village Deity Kaliamman? at, Pottalpatti Village, Usilampatti Talk, Madurai District, scheduled to be held from 03.10.2017 to 05.10.2017, subject to the following conditions;
(a) the ?Cultural Programme? in connection with the festival in ?Kumbabishekam of the Village Deity Kaliamman? at, Pottalpatti Village, Usilampatti Talk, Madurai District, scheduled to be held from 03.10.2017 to 05.10.2017, should be completed before 10.30 p.m. or as may be directed by the respondent Police;
(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.
8. 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. The petitioner and their people are expected to co-operate with the respondent police so as to ensure smooth conduct of the festival and related programmes.
9. With the above directions, the Writ petition is disposed of. No costs.
To
1.The District Collector, O/o. the District Collector, Madurai District.
2.The Superintendent of Police, O/o. Superintendent of Police, Moondrumavadi, Madurai.
3.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of police, Usilampatti, Madurai.
.