M. Sivalingam v. Superintendent of Police, Thanjavur District
2015-03-05
S.TAMILVANAN, V.S.RAVI
body2015
DigiLaw.ai
Judgment S. Tamilvanan, J. 1. This writ petition has been filed as a Public Interest Litigation (PIL), invoking Article 226 of the Constitution of India, seeking an order in the nature of writ of mandamus, directing the respondents to grant permission and necessary protection to perform the cultural programme (ie.) Dance Programme, on 06.03.2015 at 09.00 p.m., in the festival of Arulmighu Poorna Pushkala Samtha Ayyanar Kovil at Sanakarai Village, Peravurani Taluk, Thanjavu District. 2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 3. Learned counsel for the petitioner would submit that the petitioner is the Secretary of Festival Committee of Arulmighu Poorna Pushkala Samtha Ayyanar Kovil at Sanakarai Village, Peravurani Taluk, Thanjavu Districtl and every year temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival, with 'cultural programme' on 06.03.2015. In this connection, a representation was given on 21.02.2015 to the 2nd respondent, with a request to grant permission to conduct 'Cultural Programme on 06.03.2015, however no order was passed by the 2nd respondent on the said representation and hence the petitioner is before this Court with this writ petition. The learned counsel for the petitioner further submitted that as the temple festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village. 4. Mr.M.Alagathevan, learned Special Government Pleader appearing for the respondents, on instructions, would submit that the permission sought for by the petitioners may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme. 5. Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents, we are of the view that necessary permission shall be granted to the petitioner and his villagers to conduct 'cultural programme' in connection with Arulmighu Poorna Pushkala Sametha Ayynar Koil Festival, on 06.03.2015 between 6.00 p.m. and 10.03 p.m., however, with the following conditions. 6.
6. Accordingly, the writ petition is disposed of with the following directions: (a) The cultural programme in connection with Arulmighu Poorna Pushkala Sametha Ayynar temple festival be held on 06.03.2015 between 6.00 p.m. and 10.30 p.m. (b) There should not be any kind of obscene or vulgar dance during the performance, by anyone of the participants; (c) Double meaning songs should not be played. (d) No dance or songs, touching upon any political party or adverse to any religion be played. (e) No flex boards in support of any political party or communal leader be erected. (f) The function should not affect either religious or communal harmony. (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; and (h) Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time. (i) The second respondent is directed to issue necessary permission, incorporating the above conditions. No order as to costs.