The petitioner has come forward with this Writ Petition for issuance of a Writ of Mandamus directing the respondent to grant permission and protection to the performance of cultural program like Musical Orchestra (,d;dpir fr;Nrhp) to be conducted on 16.09.2017 at night by the villagers on the basis of petitioner's representation dated 11.09.2017 in connection with the devotees of West Alwarthoppu Arulmigu Sri Ramaswami Temple, West Alwarthoppu, Srivaikundam Taluk, Thoothukudi District.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.
3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct ?Musical Orchestra (,d;dpir fr;Nrhp)? programme on 16.09.2017 in connection with a festival in ''West Alwarthoppu Arulmigu Sri Ramaswami Temple'', West Alwarthoppu, Srivaikundam Taluk, Thoothukudi District. He further submitted that in this connection, a representation was given to the respondent on 11.09.2017, with a request to grant permission and protection to conduct the programme on the above said date. However, the respondent police has not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.
4. The learned Special Government Pleader appearing for the respondent submitted that this Court may grant permission for ?Musical Orchestra (,d;dpir fr;Nrhp)? 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 respondent/The Inspector of Police, Srivaikundam Police Station, Srivaikundam Taluk, Thoothukudi District, is directed to consider the representation of the petitioner, dated 11.09.2017 and to give permission and to provide police protection for ?Musical Orchestra (,d;dpir fr;Nrhp)? programme in connection with a festival in ''West Alwarthoppu Arulmigu Sri Ramaswami Temple'', West Alwarthoppu, Srivaikundam Taluk, Thoothukudi District, scheduled to be held on 16.09.2017, subject to the following conditions;
(a) the ?Musical Orchestra (,d;dpir fr;Nrhp)? programme in connection with the a festival in 'West Alwarthoppu Arulmigu Sri Ramaswami Temple'', West Alwarthoppu, Srivaikundam Taluk, Thoothukudi District, scheduled to be held on 16.09.2017 should be completed before 10.30 p.m or as may be permitted by the respondent police
(b) double meaning songs should not be played so as to spoil the minds of students and the youth;
(c) no songs, touching upon any political party or religion, community or caste be played;
(d) no flex boards in support of any political party or religious leader be erected;
(e) the function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(f) 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;
(g) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time;
(h) the participants of the programme shall not intake any kind of in- toxic substance or liquor during the programme; and
(i) 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 The Inspector of Police, Srivaikundam Police Station, Srivaikundam Taluk, Thoothukudi District.
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