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2015 DIGILAW 1874 (MAD)

S. K. Kamaraj v. Superintendent of Police, Theni

2015-04-10

M.M.SUNDRESH

body2015
JUDGMENT : 1. This writ petition has been filed seeking for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings in 100 / Mike/ G3PS/2014 dated 06.04.2015 of the 2nd Respondent and to quash the same consequently directing the 2nd Respondent to grant permission and necessary protection to perform the cultural programme (i.e.) Adal Padal on 15.04.2015 at 06.30 p.m in the eve of Arulmighu Sri Vadakatthi Kaliamman Thirukovil "Thiru Vizha" at Sankarapuram Village Bodinayakanur Taluk, Theni District. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3. Learned counsel for the petitioner would submit that the petitioner is the member of the Vizha committee of temple of Arulmighu Sri Vadakatthi Kaliamman Thirukovil at Sankarapuram Village Bodinayakanur Taluk, Theni Districtand 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 "Aadal Padal programme" on 15.04.2015. In this connection, a representation was given on 05.04.2015 to the second respondent police, with a request to grant permission to conduct "Adal Padal Programme". The second respondent has passed impugned order rejecting the petitioner's request 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. The only objection raised is that permission if granted likely would lead to law and order problem. From the order passed by the second respondent there was no indication that law and order problem would be arisen. It is for the respondent to impose any condition to maintain law and order problem. It is not as if there was any prior untoward occurrence in the conduct of the programme. 5. From the order passed by the second respondent there was no indication that law and order problem would be arisen. It is for the respondent to impose any condition to maintain law and order problem. It is not as if there was any prior untoward occurrence in the conduct of the programme. 5. Accordingly, the impugned order is set aside and the writ petition is allowed and the petitioner is permitted to conduct 'Adal Padal programme' in connection with the temple festival of Arulmighu Sri Vadakatthi Kaliamman Thirukovil "Thiru Vizha" at Sankarapuram Village, Bodinayakanur Taluk, Theni District, however, with the following conditions:- (a) The cultural programme in connection with temple Festival of Arulmighu Sri Vadakatthi Kaliamman at Sankarapuram Village, Bodinayakanur Taluk, Theni District, be held on 15.04.2015 between 06.00p.m and 10.30 p.m. (b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants; (c) Double meaning songs should not be played so as to spoil the minds of students and youths. (d) No dance or songs, touching upon any political party or religion or community or caste 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 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; 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 costs.