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R.Srinivasaperumal vs The Superintendent Of Police

Madras High Court|28 September, 2017


The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to permit the petitioner to conduct the cultural function viz., Aadal Padal during the temple festival of "Arulmighu Sri Kaliyamman Kovil", Pappunayakkanpatti Village, Peraiyur Taluk, Madurai District on 05.10.2017 between 07.00 p.m to 12.00 p.m and further direct the respondents to give adequate police protection for the above said programme by considering the petitioner's representation dated 25.09.2017.
2.The learned Special Government Pleader, takes notice for the respondent. By consent, the writ petition itself is taken up for final disposal.
3.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
4.The learned counsel appearing for the petitioner would submit that the programme is being conducted by the villagers regularly in order to promote harmony during the above said festival period; that a representation was given to the respondent concerned, but, however, the same was not considered by the respondent concerned so far and hence, the petitioner is before this Court with this writ petition. The learned counsel appearing for the petitioner would further submit that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration.
5.The learned Special Government Pleader appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with appropriate and stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme.
6.In view of the submission made by the learned Special Government Pleader, the Writ Petition is disposed of with a direction to the respondent concerned to accord permission and police protection to conduct the Adalpadal in connection with the above said festival of the said Temple for above said date between 07.00 p.m. and 10.00 p.m., by incorporating the following conditions:
(a) Obscene dance / songs / vulgar dialogues should be avoided during the programme and the performers must be decently clothed;
(b) Songs conveying obscene double meaning should not be played in order to avoid awkwardness;
(c) No dance or songs, touching upon the conduct of any political party or community or caste be played;
(d) No flex boards in support of any political party or religious leader be erected;
(e) The programme shall be conducted without showing any discrimination based on caste / community etc., and it shall be ensured that it is towards promoting communal harmony;
(f) the participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme;
(g) In respect of untoward incident occurring, the organizers of the programme be responsible for the same; and
(h) the organizers shall have the names and other particulars of performers; and
(i) If there is any violation of any of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance. No costs.
1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Nagaiyapuram Police Station, Madurai District.
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R.Srinivasaperumal vs The Superintendent Of Police


Madras High Court

28 September, 2017