L. Rajendran v. Superintendent of Police, Tirunelveli
2014-10-09
M.VENUGOPAL
body2014
DigiLaw.ai
Judgment : 1. The Petitioner has focussed the instant Writ of Mandamus praying for passing of an order by this Court in directing the Second Respondent to grant permission and protection for conducting 'Adal Padal' programme at Sri Thangamman Thirukovil, Sivanthipuram, Arumugampatti, Tirunelveli District on 12/10/2014. 2. According to the Petitioner, Arulmighu Sri Thangamman Temple at Sivanthipuram, Arumugampatti, Tirunelveli District is to celebrate “Kodai Vizha” and many devotees in and around the Village and from various other parts of the State come and worship the deity. The 'offering festival' is to take place from 11/10/2014 to 15/10/2014. The said festival was performed for the past several years in a peaceful fashion with a participation of entire public without any discrimination of Religion, Caste, Creed or Class and the festival provides for a real opportunity of a social gathering. Through out all these years, people from different walks of like viz., women, children, elders and others take part in the festival and other cultural events conducted in the common place in the village and every one will have a pleasant atmosphere. Also that, there will not be any indecent programme. 3. The Petitioner, as a Member of the Festival Committee reportedly had given a representation dated 26/9/2014 to the Second Respondent through Registered Post on 27/9/2014 seeking permission for the conduct of 'Adal Padal' programme scheduled to take place on 12/10/2014. However, till this date, there is no fruitful result from the side of the Second Respondent. As such, the Petitioner has been perforced to file the present Writ of Mandamus in issue. 4. Conversely, the Learned Additional Government Pleader appearing for the Respondents 1 and 2 submits that in the Village, within the jurisdiction of Vikkiramasingapuram Police Station in Crime No.256 of 2014 under Sections 341, 294 (b) and 302 of IPC, a murder case was registered by the Second Respondent Police on 29/9/20144 and the said registration of the murder case was because of some personal enmity/civil dispute between Mariappan and Others and the dead person by name viz., Meghar Nisha belong to Muslim Community.
Under such circumstances, if the permission is granted to conduct 'Adal Padal' programme at the Petitioner Temple on 12/10/2014, then there is a possibility of cropping up of Law & Order problem and further that as on date, the representation of the Petitioner dated 26/9/2014 has not yet been disposed of by the Second Respondent. 5. On a careful consideration of respective contentions in as much as the Petitioner has sought permission to conduct 'Adal Padal' programme, at the Petitioner mentioned Temple on 12/10/2014 at Arumugampatti, Tirunelveli District and this Court also taking note of the fact that during the past several years, the said 'Adal Padal' programmes were conducted at the petition mentioned Temple, is inclined to pass the following orders of granting permission to the petitioner to conduct Adal Padal programme at Arulmigu Sri Thangamman Thirukovil at Sivanthipuram, Arumugampatti, Tirunelveli District on 12/10/2014, subject to the conditions stipulated hereunder:- (i). The 'Adal Padal' programme/cultural programme ought to be conducted by the Petitioner is an orderly, organised and peaceful manner without causing any Law & Order problem. (ii). The Petitioner is directed to file an affidavit of undertaking before the Second Respondent Police that there will not be any obscene or vulgar dance during the performance by any one of the participants or others, as the case may be. (iii). The 'Adal Padal' programme/dance programme is restricted between 07.00 p.m., and 10.00 p.m., on 12/10/2014. (iv). If the Petitioner violates any one of the conditions aforesaid, the Respondent/Police or duly Authorised Officer, is empowered to take necessary/appropriate action in the manner known to law and in accordance with law {including the one under the indecent, (Representation of Women (Prohibition) Act, 1986, (60/1986} and put an end to such performance. If the programme exceeds the permitted time limit, viz., 10.00 p.m., on 12/10/2014, then, the Second Respondent Police is directed to immediately step in stopping the cultural/dance/drama programme. 6. With the aforesaid directions, the said Writ Petition stands disposed of. No costs.