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2019 DIGILAW 492 (MAD)

M. Kannan v. Superintendent of Police, Pudhukottai

2019-02-22

N.SESHASAYEE

body2019
JUDGMENT : 1. This petition has been filed to direct the respondents to grant permission and necessary protection to cultural programme on 24.02.2019 from 07.00 p.m., to 11.00 p.m., in the eve of Arulmighu Sri Thiruvappur Sri Muthumariamman Thirukovil, situated at Kela 3rd Street, Near Perumalkovil, Pudhukottai, Pudhukottai District. 2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents. 3. The learned counsel for the petitioner would submit that the Villagers have conducted cultural programme for the temple festival every year peacefully. As per the tradition and customs, this year also the Villagers have planned to conduct cultural programme i.e Parathanatiyam on 24.02.2019. In this regard, the petitioner gave a representation to the respondents on 12.02.2019. Since no action has been taken, the present writ petition has been filed. 4. The learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, would submit that the respondents have no serious objection. He further submitted that permission may be granted subject to stringent conditions. 5. Considering the facts and circumstances of the case, this Court grants permission to conduct the Parathanatiyam on 24.02.2019 between 08.00 p.m., and 10.00 p.m., and the Writ Petition is disposed of with the following directions: The second respondent / Sub Inspector of Police, Ganeshnagar Police Station, Pudhukottai District, is directed to consider the representation of the petitioner, dated 12.02.2019 and to give permission and to provide police protection for cultural programme i.e Parathanatiyam in 'Arulmighu Sri Thiruvappur Sri Muthumariamman Thirukovil, situated at Kela 3rd Street, Near Perumalkovil, Pudhukottai, Pudhukottai District, scheduled to be held on 24.02.2019, subject to the following conditions:- (a) Cultural Programme i.e Parathanatiyam in 'Arulmighu Sri Thiruvappur Sri Muthumariamman Thirukovil, situated at Kela 3rd Street, Near Perumalkovil, Pudhukottai, Pudhukottai District, scheduled to be held on 24.02.2019, should be completed before 10.00 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 as they will spoil the minds of students and youths. (d) No dance or songs, touching upon any political party or religion or community or caste shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (c) Double meaning songs should not be played as they will spoil the minds of students and youths. (d) No dance or songs, touching upon any political party or religion or community or caste shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste. (g) If there is 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 forthwith; and (h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit. (i) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions. 6. It is open to the 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 Board representing any community. 7. The function is scheduled to be held on 24.02.2019. If the order copy is not reached the authorities by then, the learned Government Advocate (Crl. Side) is directed to instruct the authority concerned to grant permission in the manner known to law herein indicated above. No costs.