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2015 DIGILAW 3286 (MAD)

S. Baskar v. Inspector of Police, Vaiyampatti Police Station

2015-10-08

R.MALA

body2015
ORDER : This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, to direct the respondent herein to give necessary police protection and permit the petitioner to conduct "Adalum Padalum" cultural Program during Sri Muthallamman Thirukovil Festival, Amaiyapuram, Manchampatti, Manapparai Taluk, Trichy District, on 13.10.2015. 2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent. 3. The learned counsel for the petitioner would submit that the villagers jointly decided to conduct the said Sri Muthallamman Thirukovil Festival, Amaiyapuram, Manchampatti, Manapparai Taluk, Trichy District, with "Aadal Padal programme" on 13.10.2015. In this connection, a representation dated 03.10.2015, was given to the respondent police, with a request to grant permission to conduct the programme on the above said date, however, the respondent Police has not considered the request of the petitioner and hence, the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner further submitted that as the said festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village. 4. The learned Government Advocate appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner 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 Government Advocate appearing for the respondent, this Court is of the view that necessary permission shall be granted to the petitioner and his Villagers to conduct “Adal Padal programme" in connection with the above said festival. 6. Accordingly, the Writ Petition is disposed of with the following directions: (a) The "Adal Padal programme in connection with the Sri Muthallamman Thirukovil Festival, Amaiyapuram, Manchampatti, Manapparai Taluk, Trichy District, on 13.10.2015, between 6.00 p.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 the youth; (d) No dance or songs, touching upon any political party or religion, community or case be played; (e) No flex boards in support of any political party or religious leader be erected. (f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on case. (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 empowered to stop the dance programme, if it exceeds beyond the permitted time. (i) the participants of the programme shall not intake any kind of toxic substance or liquor during the programme; (j) If there is any untoward incident took place, the village people and the organizers of the programme be made responsible for the same; (k) The respondent concerned is directed to issue necessary permission, incorporating the above conditions. No costs.