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Madras High Court · body

2017 DIGILAW 2630 (MAD)

A. Prabhakaran v. Superintendent of Police

2017-08-16

V.BHARATHIDASAN

body2017
ORDER : 1. This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner representation dated 29.07.2017 to grant permission to conduct the “Aadi Pongal Festival” as well as other programmes and also to conduct the “Kiramiya Isai and Aadal Padal” at about 06.00 p.m. to 11.00 p.m. on 18.08.2017 in temple namely “Sunaiyakadu Arulmigu Shree Muthumariamman Temple”, Sunaiyakadu and post, Aranthangi Taluk, Pudukkottai District. 2. Heard Mr.C.Jeyaprakash, learned counsel appearing for the petitioner and Mr.N.S.Karthikeyan, learned Additional Government Pleader appearing for the respondents. 3. The learned counsel for the petitioner would submit that there is a temple called “Sunaiyakadu Arulmigu Shree Muthumariamman Temple at Sunaiyakadu and Post, Aranthangi Taluk, Pudukkottai District. The petitioner is the President of the vizha committee of that temple. Every year, “Avani Pongal Festival” is conducted in the said temple with “Kiramiya Isai and Aadal Padal” programmes. This year, “Avani Pongal Festival” is proposed to be celebrated on 18.08.2017. In view of that, a “Kiramiya Isai and Aadal Padal Programme” is scheduled on 18.08.2017. In this connection, a representation, dated 29.07.2017 was given to the second respondent police, with a request to grant permission to conduct Aadal Padal. 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 every year, cultural programmes in the temple festival are conducted in a peaceful manner by the villagers and there will be no untoward incident by the people of the village. 4. The learned Additional Government Pleader appearing for the respondents contended that if Aadal Padai programme is conducted, there will be a likelihood of communal problem. Hence, he requests this Court that permission may be granted subject to stringent conditions. 5. Considering the fact that “Kiramiya Isai and Aadal Padal” programme or even other programmes relating to the temple festivals are being permitted through out the State, subject to usual conditions, denying permission to the petitioner will amount to discrimination. Hence, he requests this Court that permission may be granted subject to stringent conditions. 5. Considering the fact that “Kiramiya Isai and Aadal Padal” programme or even other programmes relating to the temple festivals are being permitted through out the State, subject to usual conditions, denying permission to the petitioner will amount to discrimination. Hence, taking into consideration the submission made by the learned Additional Government Pleader for the respondents, this Court is inclined to issue the following directions: The second respondent/The Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukkottai District, is directed to consider the representation of the petitioner, dated 29.07.2017 and to give permission and to provide police protection for “Aadal Padal” programme in connection with a “Avani Pongal Festival” at “Sunaiyakadu Arulmigu Shree Muthumariamman Temple, Sunaiyakadu and Post, Aranthangi Taluk, Pudukkottai District, scheduled to be held on 18.08.2017, subject to the following conditions; (a) the “Aadal Padal” programme in connection with a “Avani Pongal Festival” at “Sunaiyakadu Arulmigu Shree Muthumariamman Temple, Sunaiyakadu and Post, Aranthangi Taluk, Pudukkottai District, scheduled to be held on 18.08.2017, should be completed before 10.30 p.m. (b) double meaning songs should not be played so as to spoil the minds of students and the youth; (c) no songs, touching upon any political party or religion, community or caste be played; (d) no flex boards in support of any political party or religious leader be erected; (e) the function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste; (f) 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; (g) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time; (h) the participants of the programme shall not intake any kind of in- toxic substance or liquor during the programme; and (i) if any untoward incident takes place, the organizers of the programme be made responsible for the same. 6. It is open to second respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Boards representing any community. 7. The writ petition is disposed of accordingly. No costs.