A single judge bench of the Madras High Court comprising of Justice Sathi Kumar Sukumara Kurup set aside the Police Inspector’s order rejecting the program in pursuance of the temple festival in Theni in order to maintain the situation of law and order. The court issued a set of 9 guidelines advocating that the celebrations must be allowed on the condition that the petitioner files an affidavit that these 9-guidelines would be followed. A writ of mandamus was issued.

Facts:

The Petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Na.Ka.No. 21/C1-GDR/Gudalur Circle Police Station / 2022 dated 5.10.2022 and quash the same as illegal and consequently direct the second Respondent to give permission and protection to perform the Aadal Padal on 20.10.2022 in respect of the temple festival of Ippasi Thiruvizha in Aulmigu Manthaiamman Thirukovil, situated at Sukkangalpatti, Keelagudalur, Uthamapalayam Taluk, Theni District. The Petitioner gave a representation to the Respondent police to grant permission for conducting ''Aadalum Paadalum'' programme on 20.10.2022, which was rejected by the second Respondent on the ground that law and order problem may arise. Hence, the Petitioner filed this Petition to quash the proceedings of the second Respondent and seeks permission to conduct the programme.

Observations of the Court:

The impugned order passed by the second Respondent dated 05.10.2022 was set aside and the Writ Petition was disposed of with a direction to the Petitioner to give a notarized affidavit of undertaking that will take measures to provide untoward incident in the village while conducting the Adal-Padal program. Further the court called for the Respondent concerned to accord permission and Police Protection to conduct the Cultural Programme in connection with the above said festival of the said Temple for above said date, between 7.00 p.m., and 10.00 p.m., by incorporating the following conditions:

  1. Obscene dance/songs/vulgar dialogues should be avoided during the programme and the performers must be decently clothed;
  2. Songs conveying obscene double meaning should not be played in order to avoid awkwardness;
  3. No dance or song, touching upon the conduct of any political party or community or caste be played;
  4. No flex boards in support of any political party or religious leader or caste leaders be erected;
  5. The programme shall be conducted without showing any discrimination based on caste/community etc., and it shall be ensured that it is towards promoting communal harmony;
  6. The Participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme;
  7. In respect of untoward incident occurring, the organizers of the programme be responsible for the same;
  8. The Organizers shall have the names and other particulars of performers;
  9. If there is any violation of any of the conditions imposed, the S.H.O. of the Police Station concerned is at liberty to take necessary action, as per law and stop such performance.

Decision:

The impugned order passed by the second Respondent dated 05.10.2022 was set aside and the Writ Petition was disposed of with a direction to the Petitioner to give a notarized affidavit of undertaking that will take measures to provide untoward incident in the village while conducting the Adal-Padal program.

Case: Megarajan vs The Deputy Superintendent of Police and another

Citation: W.P. (MD) No. 23694 of 2022

Coram: Justice Sathi Kumar Sukumara Kurup

Dated: 14.10.2022

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