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M.Thavasi vs The Superintendent Of Police

Madras High Court|22 September, 2017

JUDGMENT / ORDER

The petitioner has come forward with this Writ Petition, to direct the respondents to grant permission and protection for ?Aadal Padal? Programme perform in ?Thiruvizha? scheduled to be held on 09.10.2017 at arulmighu Sri Mariamman Thirukovil at Kannanur Village, A.Kokkulam Post, Usilampatti Taluk, Madurai District by considering the petitioner's representation dated 20.09.2017.
2.The learned counsel for the petitioner submitted that the villagers jointly decided to conduct ?Aadal Padal Programme? in connection with the ?Thiruvizha? scheduled to be held on 09.10.2017 at arulmighu Sri Mariamman Thirukovil at Kannanur Village, A.Kokkulam Post, Usilampatti Taluk, Madurai District. He further submitted that in this connection, a representation was given to the respondents on 20.09.2017, with a request to grant permission and protection to conduct the programme on the above said dates. However, the respondent police has not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.
3. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
4. The learned Special Government Pleader appearing for the respondent submitted that this Court may grant permission for ?Aadal Padal Programme? 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, Sekkanoorani Police Station, is directed to consider the representation of the petitioner, dated 20.09.2017 and to give permission and to provide police protection for Aadal Padal programme in in connection with the Thiruvizha of ?Arulmighu Sri Mariamman Thirukovil? at Kannanur Village, A.Kokkulam Post, Usilampatti Taluk, Madurai District, subject to the following conditions;
(a)the Aadal Padal programme in in connection with the Thiruvizha of ?Arulmighu Sri Mariamman Thirukovil? at Kannanur Village, A.Kokkulam Post, Usilampatti Taluk, Madurai District, should be completed before 10.30 p.m., or as may be permitted by the second 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) there should not be any Flex Boards representing any community or political leaders;
(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 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.
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. There can be a total ban for putting up any Flex Boards representing any community. No costs.
To
1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Sekkanoorani Police Station, Madurai District.
.
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Title

M.Thavasi vs The Superintendent Of Police

Court

Madras High Court

JudgmentDate
22 September, 2017