Madras High Court
G.Satheesh Kumar vs The Superintendent Of Police on 22 August, 2017
Author: S.S.Sundar
Bench: S.S.Sundar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.08.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR
W.P.(MD) No.15742 of 2017
G.Satheesh Kumar ... Petitioner
-Vs-
1.The Superintendent of Police,
Ramanathapuram District,
Ramanathapuram.
2.The State of Tamil Nadu,
Represented by Sub Inspector of Police,
Town Police Station,
Rameswaram,
Ramanathapuram- District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondent to grant permission and
Police protection to the ?lord Vinayaga Chaturthi? celebration to be held on
25.08.2017 and 26.08.2017, kalavi Street, Rameswaram Town, Ramanathapuram
District and for the subsequent immersion of idol of Lord Vinayaga scheduled
to be held on 27.08.2017.
!For Petitioner : Mr.S.Sankar
For Respondents : Mr.S.Senthilkumaran
Additional Government Pleader.
:ORDER
This Writ petition is filed for issuing a Writ of Mandamus seeking a direction to the respondent to grant permission and Police protection to the ?lord Vinayaga Chaturthi? celebration to be held on 25.08.2017 and 26.08.2017, kalavi Street, Rameswaram Town, Ramanathapuram District and for the subsequent immersion of idol of Lord Vinayaga scheduled to be held on 27.08.2017.
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 stated that he is the president of Ramanathapuram District Sivasena Party and doing social work as well as religious work. The petitioner however, submitted that the political party, in which he is affiliated, has proposed to organize celebration from 25.08.2017 in relation to Vinayagar Sathurthi in various places of Ramanathapuram Town. According to the petitioner the function includes installing Lord Vinayaga Idol and ceremonies followed by a procession scheduled to be held on 27.08.2017 to immerse the statue in Agnitheerthakarai. Though the petitioner stated that the petitioner has organized the functions in a peaceful and rand manner, the learned Additional Government Pleader on instructions submitted that that the permission and police production cannot be granted in this case due to the following facts.
?1.,uhnk];tuk; jPt[ gFjp mjpf mstpy; kf;fs; te;J bry;Yk; g[z;zpa ];jykhf ,Ug;gjhYk; efh; jPt[ vd;gjhy; Fwfshd ghijfs; kw;Wk; rhiyfs; kw;Wk; Fwpg;gpl;l tHpjlq;fns cs;sjhYk;
2. tUfpw 25.08.2017 md;W tpehafh; rJh;j;jpis Kd;dpl;L ,uhnk];tuk; nfhtpYf;F mjpfgoahd gf;jh;fs; tUif jUthh;fs;
3.,uhnk];tuk; efh; fhty; epiya vy;iyf;Fs; ,e;J Kd;ddp rhh;ghf Ie;J rpiyfSk; ,e;J kf;fs; fl;rp rhh;ghf vl;L rpiyfSk; tUlk; njhWk; mDkjpf;fg;gLfpwJ. ,uhnk];tuk; jPt[ gFjpf;Fs; (,uhnk];tuk; kw;Wk; jD];nfho) 21 rpiyfs; tUle;njhWk; mDkjpf;fg;gl;Ls;sJ.
4.mDkjpf;fg;gl;l rpiyfs; 25.08.2017e; njjp fhiy Kjny gpujp\;il bra;ag;gl;L ,uz;L ehl;fs; Mf];l; 26 kw;Wk; 27k; njjp Ch;tykhf vLj;Jh; bry;yg;gl;L mf;dp jPh;j;jf;fiuapy; fiuf;fg;gl cs;sJ.
5.nkYk; g[jpjhf rpiy itf;f mDjjpj;jhy; nghf;Ftuj;J behprYk; ,uhnk];tuk; tUk; gf;jh;fSf;F nkYk; ,ila{W Vw;glf;TLk; vd;gjhYk;
6.,uhnk];tuk; efhpy; rptnrdh fl;rp (jkpHfk;) ,U gphptpduhf bray;gl;L tUfpd;wdh;. ,Jtiu ,UtUk; mDkjp nfhhpa epfH;r;rpfSf;F mDkjp kWf;fg;gl;L tUfpwJ.
7.kDjhuh; rptnrdh fl;rp jkpHfk; rhh;ghf ,uhnk];tuk; efh; gFjpf;Fs; MW ,lq;fspy; g[jpjhf rpiy itf;f 19.07.2017k; njjpapy; mDkjp nfhhpa[s;sdh;.
8.nkYk; kw;Wk; xU gphpt[ gp.ek;g[uh$d; vd;gth; jiyikapy; rptnrdh fl;rp jkpHfk; rhh;ghf ,uhnk];tuk; gj;jpufhspak;kd; nfhtpy; gFjpfspy; g[jpjhf rpiy itf;f mDkjpa[k; Ch;tykhf vLj;Jr;bry;y mDkjp nfl;Ls;sdh;.
9.rptnrdh fl;rp jkpHfk; vd ,U gphpthf bray;gl;L tUtjhYk; kDjhuiu rpiy itf;f mDkjpf;Fk; gl;rj;jpy; rl;l xGq;F gpul;rid Vw;gl tha;g;g[s;sJ.
10.,jif fUj;jpy; bfhz;:L g[jpjhf rpiyfs; itf;f ,uhkehjg[u khtl;l fhty; fz;fhzpg;ghsh; mth;fs; mDkjp kWf;f typa[Wj;jp eK:dh bfhLj;Js;shh;fs; (e.f.vz;.239/10/j.gp./,uhk/2017 ehs; 13.08.2017) ,jd; go ,uhnk];tuk; cl;nfhl;l Jiz fz;fhzpg;ghsh; mth;fSk; mDkjp kWj;Js;shh;fs;.
11.,uhnk];tuk; efhpy; ,e;J Kd;ddp kw;Wk; ,e;J kf;fs; fl;rpia rhh;e;jth; Kiwna 26.08.2017 kw;Wk; 27.08.2017 Mfpa njjpfspy; tpehafh; Ch;tyk; elj;j cs;shh;fs; ,jw;F K:d;W jpdq;fSf;F Kd;ng tpehafh; rpiyfid gpujp];il bra;J tpLthh;fs;. ,uhnk];tuj;jpy; ,Uf;ff;Toa Kf;fpa gFjpfspy; nkw;go rpiyfs; gpujp];il bra;ag;gLk; ,r;NHypy; kDjhuh; nfhhpa[s;s MW ,lq;fspy; tpehafh; rpiyfis gpujp];il bra;jhy; epr;rakhf rl;l xGq;F gpur;rid Vw;gl tha;g;g[s;sJ.
12.,uhkehjg[uk; khtl;lk; kw;Wk; ,uhnk];tuk; cl;nfhl;lj;jpy; fhtyh; vz;zpf;if mDkjpf;fg;gl;lij tpl Fiwthfnt cs;sJ. Jw;nghJ cs;s fhtyh;fis bfhz;L tHf;fkhf ,e;J Kd;dzp kw;Wk; ,e;J kf;fs; fl;rpapdh; tUle;njhWk; elj;Jk; tpehafh; Ch;tyj;jpw;W ghJfhg;g[ tHq;Ftnj kpft[k; rpukkhf ,Uf;Fk; N:H;epiyapy; jw;nghJ kDjhuh; elj;Jk; Ch;tyk; kw;Wk; epWt[k; rpiyfSf;F ghJfhg;g[ tHq;FtJ kpft[k; rpukkhd xd;W.?
The above instructions are on the basis of the proceedings of the Superintendent of Police, Ramanathapuram. But the inability of the respondent to grant permission and to give police Production is due to various reasons. The insufficiency of police strength in Ramanathapuram is also stated as one of the reasons. Another reason is that another faction of Sivasena party headed by one Namburajan is also seeking permission to instal Vinayagar Idol and to conduct precession.
4. In such circumstances this Court is not in a position to grant permission or to direct the respondent to give police production to the petitioner to conduct vinayagar Chathurthy festival as it is prayed for in this Writ Petition.
5. However, this Court, taking into consideration of the fact that the several others have been granted permission, directs the first respondent police to consider the petitioner's representation dated 18.08.2017 and to pass appropriate orders, in case if it is conducive and possible to give such permission and production without compromising the public principles and order by allowing the petitioner to celebrate the Vinayagar Chathurthi Festival along with other organizers, to whom permission has already been granted.
6.In the said circumstances, this Court is inclined to allow the Writ Petition and the respondent is directed to permit the petitioner to conduct Vinayagar Chadurthi celebration from 25.08.2017 to 26.08.2017 at Kalavi Street, Rameswaram Town, Ramanathapuram District, and for the subsequent immersion of idol of lord Vinayaga scheduled to be held on 27.08.2017 subject to the following conditions:
(a)The programme proposal indicated in the application dated 19.08.2017, should be strictly adhered to. If, the respondent has any suggestion regarding the procession, so as to avoid nuisance or to preserve public order and communal harmony, the petitioner is directed to co-operate fully without any deviation.
(b)The petitioner and the organizers shall conduct the programme in a peaceful manner without causing any hindrance to the public, affecting their normal life or causing any problem or provoking anyone belonging to any other religions.
(c)The petitioner and his men shall abide by any other restrictions or conditions that may be put by the respondent during the performance of Pooja or any other religious ceremony.
(d)The place in which the Vinayagar Statue is located and the manner in which the procession shall take place, should be intimated to the respondents well in advance.
(e)There will not be any song or slogan or dance affecting the religious sentiments of any other religion;
(f) there should not be any kind of obscene dance or vulgar dialogues during the performance, by any one of the participants;
(g) The petitioner and their men shall provide sufficient security to the idols installed by them on their own and the petitioner can not expect the respondent to provide any police force to be deployed at the place when the idols of Lord Vinayagar is installed.
(h) no flex boards in support of any political party or religious leader or community be erected;
(i) 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;
(j)the participants of the programme shall not intake any kind of in- toxic substance or liquor during the procession; 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. This Writ Petition is disposed of. No costs.
To
1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2.The State of Tamil Nadu, Represented by Sub Inspector of Police, Town Police Station, Rameswaram, Ramanathapuram- District.
.