Madras High Court
Ponthiyakulam Village People vs The Superintendent Of Police on 8 May, 2019
Author: T.Krishnavalli
Bench: T.Krishnavalli
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.05.2019
CORAM
THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI
W.P.(MD)No.11531 of 2019
Ponthiyakulam Village People
Rep. by Nattanmai cum President of
Arul Migu Drowbathiyamman Kovil festival Committee,
T.Ravichandran,
S/o.Thavitturajan, Ponthiyakulam Village,
Papanasam Taluk, Thanjavur District. : Petitioner
Vs.
1.The Superintendent of Police,
District Police Office, Thanjavur District.
2.The Sub-Inspector of Police,
Melattur Police Station,
Melattur, Thanjavur District. : Respondents
PRAYER:- Petition filed under Article 226 of the Constitution of India
seeking a Writ of Mandamus, to direct the respondents to give permission
and police protection to conduct a “Grammiya Aadal Paadal” Program on
14.05.2019 from 08.00pm., to 11.00 pm., in connection with the annual
Chithirai Theemidhi festival of Arul Migu.Drowbathiyamman Kovil festival,
Ponthiyakulam Village, Thanjavur District, considering the petitioner's
representation dated 02.05.2019.
For Petitioner : Mr.M.Senthil Kumar
For Respondents : Mrs.S.Bharathi
Government Advocate(Crl.side)
ORDER
This writ petition has been filed to direct the respondents to grant permission http://www.judis.nic.in to conduct “Grammiya Aadal Paadal” to be held on 14.05.2019 2 in the event of Festival of “annual Chithirai Theemidhi festival of Arul Migu.Drowbathiyamman Kovil” at Ponthiyakulam Village, Thanjavur District, without causing any disturbance to public order.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.
3. The learned counsel for the petitioner would submit that the Villagers have conducted the temple festival every year peacefully. As per the tradition and customs, this year also the Villagers have planned to conduct Adal Padal programme on 14.05.2019. In this regard, the petitioner gave a representation to the respondents on 02.05.2019. Since no action has been taken, the present writ petition has been filed.
4. The learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, would submit that the respondents have no serious objection. She further submitted that permission may be granted subject to stringent conditions.
5. Considering the facts and circumstances of the case, this Court grants permission to conduct Adal Padal programme on 14.05.2019, and the Writ Petition is disposed of with the following directions:
http://www.judis.nic.in 3 The second respondent / Sub Inspector of Police, Melattur Police Station, Melattur, Thanjavur District, is directed to consider the representation of the petitioner, dated 02.05.2019 and to give permission and to provide police protection for Adal Padal programme (Chithirai Theemidhi Festival), in the festival of “Drowbathiyamman Kovil” at at Ponthiyakulam Village, Thanjavur District, scheduled to be held on 14.05.2019, subject to the following conditions:-
(a) Adal Padal done in “ Drowbathiyamman Kovil” at at Ponthiyakulam Village, Thanjavur District, scheduled to be held on 14.05.2019, should be completed before 11.00 p.m.
(b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(c) Double meaning songs should not be played as they will spoil the minds of students and youths.
(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.
(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
f) No price shall be given in the name of any political party or in the name of any Member associated with any political party.
g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
h) If there is 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 forthwith; and
i) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.
j) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions.
http://www.judis.nic.in 4 T.KRISHNAVALLI,J das/Ns
6. It is open to the second respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Board representing any community. No costs.
08.05.2019
Internet : Yes/No
Index : Yes/No
das/Ns
Note: Issue order copy on .05.2019.
To
1.The Superintendent of Police,
District Police Office,
Thanjavur District.
2.The Sub-Inspector of Police,
Melattur Police Station,
Melattur, Thanjavur District.
Order made in
W.P.(MD)No.11531 of 2019
http://www.judis.nic.in