Allowed

S. Vellangkanni, v. the Superintendent

Madras HC22 Jul 2015WP(MD)/12659/2015

Case brief

AI extract

What is this about?

The Madras High Court disposed of a writ petition seeking a mandate for police permission to conduct a cultural programme ('Aadalum Padalum') during a temple festival, directing the police to grant permission subject to strict conditions preventing obscenity, political commentary, and communal disharmony.

What did the court decide?

Direction to the second respondent to grant permission for the cultural programme on 25.07.2015 subject to specific conditions regarding time, content, and conduct.

S. Vellangkanni, Vs the Superintendent — Service and Employment | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.07.2015

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CORAM:

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THE HONOURABLE MR.JUSTICE M.M.SUNDRESH

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W.P(MD)No.12659 of 2015

S.Vellangkanni

... Petitioner

Vs.

1.The Superintendent of Police, Trichy District.

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The Inspector of Police, Vaiyampatti Police Station, Trichy.

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... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, to issue a Writ of Mandamus directing the Respondents herein to grant permission and protection to conduct the Aadalum Padalum dance programme on 25.07.2015 from 07.00 p.m. to 11.00 p.m. in pursuant to the Devalayam Festival of Punitha Santhiyagappar Devalayam situated at Pitchaimaniyarampatti Chettiyapatti Post & Village, Manapparai Taluk, Trichy District, by considering the Petitioner's representation dated 13.07.2015.

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For Petitioner : Mr.M.Suresh For Respondents : Mr.M.Murugan Government Advocate

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O R D E R

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Mr.M.Murugan, learned Government Advocate takes notice on behalf of the respondents. By consent, the writ petition is taken up for disposal at the stage of admission.

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This writ petition has been filed seeking for the issuance of Writ of Mandamus, directing the Respondents https://hcservices.ecourts.gov.in/hcservices/ herein to grant permission and protection to conduct the Aadalum Padalum dance programme on 25.07.2015 from 07.00 p.m. to 11.00 p.m. in pursuant to the Devalayam Festival of Punitha

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Santhiyagappar Devalayam situated at Pitchaimaniyarampatti Chettiyapatti Post & Village, Manapparai Taluk, Trichy District by considering the Petitioner's representation dated 13.07.2015.

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Learned counsel for the petitioner would submit that the petitioner is the resident of Pitchaimaniyarampatti Chettiyapatti Post & Village, Manapparai Taluk, Trichy District and every year Devalayam festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the July festival, with Cultural programme on 25.07.2015. In this connection, a representation was given on 13.07.2015 to the respondent police, with a request to grant permission to conduct “Cultural Programme" on 25.07.2015, however no order was passed by the respondents on the said representation and hence the petitioner is before this Court with this writ petition. The learned counsel for the petitioner further submitted that as the temple festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village.

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Mr. M.Murugan, learned Government Advocate appearing for the respondents, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme.

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Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents, this court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct “Cultural Programme" in connection with the Devalayam festival of Punitha Santhiyagappar Devalayam situated at Pitchaimaniyarampatti Chettiyapatti Post & Village, Manapparai Taluk, Trichy District.

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Accordingly, the writ petition is disposed of with the following directions:

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(a) The cultural programme in connection with the Devalayam Festival of Punitha Santhiyagappar Devalayam situated at Pitchaimaniyarampatti Chettiyapatti Post & Village, Manapparai Taluk, Trichy District be held on 25.07.2015 between 06.00 p.m. and 10.30 p.m.

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https://hcservices.ecourts.gov.in/hcservices/ (b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants;

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(d) No dance or songs, touching upon any political party or religion or community or caste be played.

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(e) No flex boards in support of any political party or communal leader be erected.

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(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

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(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; and

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(h) Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time.

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(I) The second respondent is directed to issue necessary permission, incorporating the above conditions.

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No costs.

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SD ASST REGISTRAR – CO TRUE COPY

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SUB ASST REGISTRAR

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PJL To

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1.The Superintendent of Police, Trichy District.

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The Inspector of Police, Vaiyampatti Police Station, Trichy.

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1CC TO MR. M. SURESH ADV SR: 40273

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DM 23 7 15 – 2P 3C

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W.P(MD)No. 12659 of 2015

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22.07.2015

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https://hcservices.ecourts.gov.in/hcservices/

S. Vellangkanni, v. the Superintendent

Case brief

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S. Vellangkanni, v. the Superintendent

Case brief

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