Madras High Court
Nallaperumal vs The Deputy Superintendent Of Police on 7 February, 2020
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
W.P.(MD)No. 2402 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :07.02.2020
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Writ Petition(MD)No. 2402 of 2020
and W.M.P.(MD) No. 2059 of 2020
Nallaperumal ... Petitioner
Vs.
1. The Deputy Superintendent of Police
Ambasamudram, Tirunelveli District.
2. The Inspector of Police
Kallidaikurichi Police Station
Tirunelveli District. ... Respondents
PRAYER :- Petition filed under Article 226 of the Constitution of India
seeking a Writ of Certiorarified Mandamus, to call for the records
relating to the impugned order passed by the 1st respondent in
Naa.Kaa.no.21/Se.Mu.Aa/Kaa.Thu.Kaa/2020 dt 29.1.2020 and quash the
same as illegal and consequently direct the 1st respondent to permit the
petitioner to use Electrical Sound System/loud speakers (Box type) while
performing Villu Pattu and Nayandi Melam in between 10 p.m to 1 a.m of
10.2.2020, 11.2.2020 and 12.2.2020 at the festival of Arulmigu Santhana
Mariyamman temple, Kottai st, Kalidaikurichi, Tirunelveli District.
For Petitioner : Mr.V. Selva Velautham
For Respondents : Mrs. S.Bharathi
Government Advocate(Crl.Side)
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W.P.(MD)No. 2402 of 2020
ORDER
The writ petition has been filed to quash the impugned order, dated 29.1.2020 in Naa.Kaa.no.21/Se.Mu.Aa/Kaa.Thu.Kaa/2020 passed by the 1st respondent and sought for a consequential direction to the 1st respondent to permit the petitioner to use Electrical Sound System/loud speakers (Box type) while performing Villu Pattu and Nayandi Melam in between 10 p.m to 1 a.m of 10.2.2020, 11.2.2020 and 12.2.2020 at the festival of Arulmigu Santhana Mariyamman temple, Kottai st, Kalidaikurichi, Tirunelveli District.
2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.
3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the respondents have no objection in granting permission to the petitioner for conducting their customary religious rites, however, they have objection with regard to the time and usage of drums and sound system in the area. She would further submit that the Honourable Apex Court in In Re: Noise Pollution ... Vs. Unknown reported in AIR 2005 SC 3136 has passed directions with regard to the usage of speakers and drums and had prescribed that the sound level should not exceed prescribed limits. She would also submit http://www.judis.nic.in 2/7 W.P.(MD)No. 2402 of 2020 that the Director General of Police, in his proceedings in Rc.No. 007301/Genl.I(1)/2019 dated 09.04.2019 has issued circular to Commissioner of Police, Superintendent of Police and all the Station Housing Officer and directed them to follow the procedure and instruct the petitioner seeking permission to conduct cultural programs to comply with the conditions and permission may be granted subject to the petitioner agreeing to comply with the said conditions by filing necessary undertaking before the respondent police.
4. The learned counsel for the petitioner would submit that the petitioner is prepared to give necessary undertakings to the respondent police and that they undertakes that they will restrict themselves to noise level prescribed as per the direction of the Honourable Apex Court and that they will not use loudspeakers beyond the prescribed time and prescribed sound limits.
5. In view of the above, the respondents police are directed to grant permission for conducting the Villu Pattu and Nayandi Melam in between 10 p.m to 1 a.m of 10.2.2020, 11.2.2020 and 12.2.2020 at the festival of Arulmigu Santhana Mariyamman temple, Kottai st, Kalidaikurichi, Tirunelveli District, by enclosing the following conditions:
(a) The festival of Arulmigu Santhana Mariyamman temple, Kottai st, Kalidaikurichi, Tirunelveli District with audio http://www.judis.nic.in 3/7 W.P.(MD)No. 2402 of 2020 systems on 10.2.2020, 11.2.2020 and 12.2.2020 should be completed within the specified time;
(b)where loudspeakers or public address or any other noise source is being used, the noise level shall not exceed 10dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower. No one shall beat drum or tom-tom or blow a trumpet or beat or sound any instrument and use any sound amplifier at night between 10.00 p.m to 6.00 p.m.
(c) double meaning songs should not be played so as to spoil the minds of students and the youth;
(d) no songs, touching upon any political party or religion, community or caste be played;
(e) Organizers shall not erect any digital banners/pla cards on either side of the arterial roads, platforms, walkways/major roads and any other roads
(f) the function should not affect caste, religious or communal harmony and shall be conducted without any discrimination
(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 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;
(j) if any untoward incident takes place, the organizers of the programme be made responsible for the same http://www.judis.nic.in 4/7 W.P.(MD)No. 2402 of 2020
(k) the authority concerned shall videograph the entire programme at the cost of the applicant and submit the CD to the S.P concerned.
(l)Organizers shall have to obtain all other required permission from the authorities concerned
(m)Any other conditions as the authority concerned consider to impose according to the ground reality”.
6. The petitioner is also directed to ensure that the conditions are strictly complied with and also to ensure that no law and order problem is created in the course of festival.
7. Considering the facts and circumstances of the case, the impugned order, dated 29.1.2020 in Naa.Kaa.no.
21/Se.Mu.Aa/Kaa.Thu.Kaa/2020 passed by the 1st respondent is quashed. Accordingly, this writ petition stands disposed of with the above directions. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Index :Yes/No 07.02.2020
Internet :Yes/No
ksa
Note : Issue a copy of order on 10.02.2020
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W.P.(MD)No. 2402 of 2020
To
1. The Deputy Superintendent of Police
Ambasamudram, Tirunelveli District.
2. The Inspector of Police
Kallidaikurichi Police Station
Tirunelveli District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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W.P.(MD)No. 2402 of 2020
A.D.JAGADISH CHANDIRA,J.
ksa
W.P.(MD)No.2402 of 2020
07.02.2020
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