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V. MANRAJ V/S THE INSPECTOR OF POLICE, MARANERI POLICE STATION, VIRUDHUNAGAR, decided on Tuesday, August 8, 2017.
[ In the Before the Madurai Bench of Madras High Court, W.P.(MD) No. 14737 of 2017. ] 08/08/2017
Judge(s) : S.S. SUNDAR
Advocate(s) : M. Jegadeesan. A.K. Baskarapandiyan, Special Government Pleader.
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    (Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to grant permission and necessary protection to conduct cultural programme I.e. Adalum Padalum on 09.08.2017 on the eve of Arulmigu Kaliamman Temple Festival at Ramachandrapuram Pudur Village Sivakasi West Virudhunagar District.)1. This Writ petition is filed for issuing a Writ of Mandamus seeking a direction to the respondent to grant permission and necessary protection to conduct cultural programme I.e. Adalum Padalum on 09.08.2017 on the eve of Arulmigu Kaliamman Temple Festival at Ramachandrapuram Pudur Village Sivakasi West Virudhunagar District.2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.3. The learned counsel for the petitioner submitted that the villagers jointly decided to conduct “Aadal Padal” programme on 09.08.2017 in connection with the temple festival of Arulmigu Kaliamman Temple Festival at Ramachandrapuram Pudur Village Sivakasi West Virudhunagar District. He further submitted that in this connection a representation was given to the respondent on 03.08.2017 with a request to grant permission and protection to conduct the programme on the above said date. However the respondent police has not yet considered the said representation and hence the petitioner is before this Court with this Writ Petition.4. The learned Special Government Pleader appearing for the respondent submitted that this Court may grant permission for “Aadal Padal” programme subject to stringent conditions.5. Considering the facts and circumstances of the case the Writ Petition is disposed of with the following directions:The respondent/The Inspector of Police Maraneri Police Station Sivakasi West Virudhunagar District is directed to consider the representation of the petitioner dated 03.08.2017 and to give permission and to provide police protection for “Aadal Padal” programme in connection with the temple festival of Arulmigu Kaliamman Temple Festival at Ramachandrapuram Pudur Village Sivakasi West Virudhunagar District scheduled to be held on 09.08.2017 subject to the following conditions;(a) the “Aadal Padal” programme in connection with the temple festival of Arulmigu Kaliamman Temple Festival at Ramachandrapuram Pudur Village Sivakasi West Virudhunagar District scheduled to be held on 09.08.2017 should be completed before 10.30 p.m.(b) there should not be any kind of obscene dance or vulgar dialogues during the performance by any one 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 caste 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 caste;(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;(h) similarly the Police is empowered to stop the programme if it exceeds beyond the permitted time;(i) the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme; and(j) if any untoward incident takes place the organizers of the programme be made responsible for the same.6. It is open to respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity. There can be a total ban for putting up any Flex Boards representing any community.7. Accordingly the Writ Petition is disposed of with a cost of Rs.1 000/-(Rupees One Thousand Only).