M. Selvam v. Superintendent of Police, Dindugal District
2017-05-25
C.V.KARTHIKEYAN, M.V.MURALIDARAN
body2017
DigiLaw.ai
ORDER : M.V. MURALIDARAN, J. The writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 19.05.2017 passed by the second respondent and to quash the same, consequently directing the respondent to grant permission and necessary police protection to perform the cultural programme (ie.,) Adal padal Dance Programme on 26.05.2017 at 7.00 p.m to 10.00 p.m in the Festival of Arulmigu Sri Kaliamman, Sri Bagavathi amman, Sri Muthalamman Thirukovil at Pommanampatti, Nillakottai Taluk, Dindugal District. 2. The learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal. 3. Heard the learned counsel appearing for the petitioner and the learned Additional 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 rejected by the respondents by impugned order 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 Additional Government Pleader appearing for the respondents, 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. Hence, the impugned order is set aside. 7.
5. The learned Additional Government Pleader appearing for the respondents, 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. Hence, the impugned order is set aside. 7. In view of the submission made by the learned Additional Government Pleader, the Writ Petition is disposed of with a direction to the respondent concerned to accord permission and police protection to conduct the aadal paadal program in connection with the above said festival of the said Temple for above said dates 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.