Madras High Court
R.Rajangam vs The Superintendent Of Police on 21 December, 2018
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
W.P.[MD].No.25361 of 2018
R.Rajangam : Petitioner
Vs.
1.The Superintendent of Police,
Madurai District, Madurai.
2 .The Inspector of Police,
Sindupatti Police Station,
Madurai District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to grant
permission and necessary Police Protection to perform the cultural
programme (ie.,) Adal Padal Dance Programme on 31.12.2018 at
07.00.pm., to 11.00 pm., and Karakattam Programme on 01.01.2019
at 07.00 pm. to 03.00 am in the festival of Arulmighu Sri Manthai
Amman Thirukovil at V.Paraipatti, Veppanuthu, Usilampatti Taluk,
Madurai District.
For petitioner : Mr.V.Manikandan
For respondents : Mr.R.Anandharaj
Additional Public Prosecutor
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ORDER
********* This Writ Petition has been filed to direct the respondents to grant the permission to the petitioner for conducting Adal Padal Dance Programme on 31.12.2018 at 07.00.pm., to 11.00 pm., and Karakattam Programme on 01.01.2019 at 07.00 pm. to 03.00 am in the festival of Arulmighu Sri Manthai Amman Thirukovil at V.Paraipatti, Veppanuthu, Usilampatti Taluk, Madurai District.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3.The learned counsel for the petitioner would submit that the petitioner is the Organiser of Vizha Committee of Arulmighu Sri Manthai Amman Thirukovil at V.Paraipatti, Veppanuthu, Usilampatti Taluk, Madurai District. Every year, the temple festival will be celebrated in the said temple with very grand manner and this year also the petitioner's village renovated the temple by way of collecting amount from the devotees and planned to conduct Adal Padal Dance Programme on 31.12.2018 and Karakattam Programme on 01.01.2019. In this regard, the petitioner gave a representation to the respondents on 12.12.2018. Since no action has been taken, the present writ petition has been filed.
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4. The learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that the respondents have no serious objection. He further submitted that permission may be granted subject to stringent conditions.
5. Considering the facts and circumstances of the case, the Writ Petition is disposed of with the following directions:
The second respondent/The Inspector of Police, Sindupatti Police Station, Madurai District is directed to consider the representation of the petitioner, dated 12.12.2018 and to give permission and to provide police protection for Adal Padal Dance Programme on 31.12.2018 and Karakattam on 01.01.2019 done by Arulmighu Sri Manthai Amman Thirukovil at V.Paraipatti, Veppanuthu, Usilampatti Taluk, Madurai District, subject to the following conditions;
(a) Adal Padal Dance Programme done by Arulmigu Sri Manthai Thirukovil at V.Paraipatti, Veppanuthu, Usilampatti Taluk, Madurai District scheduled to be held on 31.12.2018 and Karakattam Programme on 01.01.2019, 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.
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(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) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) 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
(h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.
(i) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions.
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.
21.12.2018
Index : Yes/No
Internet : Yes/No
das
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Note: Issue order copy on 21.12.2018.
To
1.The Superintendent of Police,
Madurai District, Madurai.
2 .The Inspector of Police,
Sindupatti Police Station,
Madurai District.
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A.D.JAGADISH CHANDIRA, J.
das
W.P.[MD].No.25361 of 2018
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21.12.2018
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