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2019 DIGILAW 568 (MAD)

Karthickz v. Superintendent of Police, Pudukkottai

2019-03-04

N.SESHASAYEE

body2019
JUDGMENT : 1. This petition has been filed to direct the respondents to grant permission to conduct 'Gramiya Koothu' on 05.03.2019 at about 8.00 P.M in the eve of 'Maha Sivarathiri' festival of the 'Sri Angalaparameshwari Kovil' situated in Vellai Pillaiyar Patti Village, 2 Pudukkottai District in pursuant to the petitioner's representation dated 27.02.2019. 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 Maha Sivarathiri festival every year in the Tamil month of Masi peacefully. As per the tradition and customs, this year also the Villagers have planned to conduct Gramiya Koothu to be held on 05.03.2019 at about 8.00 p.m at the 'Sri Angalaprameshwari Kovil” situated in Vellai Pillaiyar Patti Village, Pudukkottai District. In this regard, the petitioner gave a representation to the respondents on 27.02.2019. Since no action has been taken, the present writ petition has been filed. 4. Today when the matter is taken up for hearing, the learned counsel for the petitioner has stated that Village Cultural Programme would be restricted to Gramiya Koothu and they engaged Famous Party of their locality for the same and the learned counsel undertakes to conduct the said programme on 05.03.2019 at about 8.00 p.m. 5. The learned Government Advocate (Crl.side) would submit that there may not be any serious objection to conduct the Gramiya Koothu. 6. In view of the above, the petitioner is directed to give the names of those, who are going to perform well in advance to the second respondent. 7. On receiving the said particulars, the second respondent police is directed to verify as to whether the said troop is actually performing traditional programmes including Gramiya Koothu and if the second respondent is satisfied, then, the second respondent is required to grant permission as per the terms and conditions. 8. With regard to Gramiya Koothu by disciplined Artists with full cover dress code, the respondent police shall consider granting permission on the day stipulated therein with some directions. 9. The learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, would submit permission may be granted subject to stringent conditions. 10. 8. With regard to Gramiya Koothu by disciplined Artists with full cover dress code, the respondent police shall consider granting permission on the day stipulated therein with some directions. 9. The learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, would submit permission may be granted subject to stringent conditions. 10. Considering the facts and circumstances of the case, this Court grants permission to conduct Gramiya Koothu by disciplined artists with full cover dress code on 05.03.2019 between 08.00 p.m., and 11.00 p.m., and the Writ Petition is disposed of with the following directions: The second respondent/Inspector of Police, Mathur Police Station, Pudukkottai District. is directed to consider the representation of the petitioner, dated 27.02.2019 and to give permission and to provide police protection for conducting Gramiya Koothu at the ' 'Sri Angalaprameshwari Kovil” situated in Vellai Pillaiyar Patti Village, Pudukkottai District. scheduled to be held on 10.03.2019, subject to the following conditions:- (a) Gramiya Koothu at the 'Sri Angalaprameshwari Kovil” situated in Vellai Pillaiyar Patti Village, Pudukkottai District, scheduled to be held on 05.03.2019, should be completed before 11.00 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. (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. 11. 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. (i) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions. 11. 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. 12. The petitioner shall give an undertaking that he will take responsibility for the peaceful conduct of Gramiya Koothu and no law and order problem will arise. No costs.