Palanisamy v. The Deputy Superintendent of Police

O R D E R This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st Respondent in his proceedings in e.f.vz;.22/j.C.c.Nfh/2023 dated

08.05.2023 and quash the same as illegal and consequently direct the respondents to permit the petitioner to conduct "Adal Padal" on 21.05.2023 at about 07.00 PM during the festival of "Sri Maha Kaliyamman, Naga Kanniyamman Kovil" at Keelatheru, Magimalai, Papanasam Taluk, Thanjavur District.

¶2By consent, the writ petition itself is taken up for final disposal.

¶3The petitioner averred that he is holding the honorary post of President of the festival committee of the Sri Maha Kaliyamman, Naga Kanniyamman Kovil at Keelatheru, Magimalai, Papanasam Taluk, Thanjavur District and the devotees are used to celebrate the festival without any law and order problem. Hence, the petitioner submitted a representation to the respondents. The first respondent, by impugned order, dated 08.05.2023 rejected the request made by the petitioner. Challenging the same, the petitioner has filed the present Writ Petition.

¶4Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

¶5The learned counsel appearing for the petitioner would submit that this Court repeatedly directs the police officials to grant permission to conduct cultural events and other related programmes with certain conditions. Therefore, he prayed to quash the impugned order passed by the first respondent, dated 08.05.2023 and prayed to grant permission to conduct "Adal Padal" programme on 21.05.2023.

¶6The learned Government Advocate appearing for the respondents submitted that the request made by the petitioner was rejected on the ground of law and order problem and therefore, this writ petition is liable to be dismissed.

¶7It is relevant to rely upon the order passed by the Division Bench of this Court dated 10.07.2018 made in W.P.(MD)No.14491 of 2018, where, this Court has held as follows: "3. ....... In M.Velmurugan V. The Superintendent of Police, on 24.01.2018. In passing orders in W.P.(MD).No.13440 of 2017, dated

20.07.2017, this Court had observed as follows:- "3.We may at the very outset note that the celebrations pertain to Arulmighu Sankaranarayana

Swamy

Temple, Sankarankovil. It is a very ancient and renowed Temple. It is under the control of the Hindu Religious and Charitable Endowments Department. It is beyond dispute that celebrations in such Temples are customary in nature. It is not as if the writ petitioner is seeking to introduce some new practice. What is being traditionally held and conducted has to be necessarily followed. Therefore, we have no hesitation in allowing the writ petition as prayed for" It is also relevant to note the notification dated 10.08.2017 in S.O.2555(E) by the Ministry of Environment, Forest and Climate Change, wherein, it has been stated as follows: "3.In the principal rules, in rule 5, for sub-rule

(3), the following shall be substituted namely:-

(3)Notwithstanding anything contained in sub-rule(2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calendar year and the concerned State Government or District Authority in respect of its jurisdiction as authorised by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption should be operative." Considering the above, this Court passed the following order in W.P.(MD).No. 14491 of 2018, which reads as follows: "7.This Court, taking into consideration the earlier order of this Court and that on earlier occasion, the respondents had not too much to complain of, directs the respondents to grant permission to conduct the "Light Music" and "Patti Mandram" upto 12, mid night, between 17.07.2018 to 28.07.2018. The submission of learned counsel for petitioner that the sound system will be operated within permissible decibel levels is recorded."

¶8In furtherance to above, the Division Bench of this Court recently in W.P.(MD)Nos.17731 of 2018 and etc, batch, dated 10.08.2018, passed the following order: ''2. We are of the view that no public interest is involved in these Writ Petitions. We feel that the need to approach this Court would not have arisen, if only the respondent police considered the request of the petitioners within a reasonable time, i.e., at least two days from the date of receipt of representations. Thus, without expressing any opinion on the merits of the case, we direct the Inspector of Police/Sub-Inspector of Police concerned in all the Writ Petitions to consider and pass appropriate orders on the representations submitted by the petitioners within a period of two days. In the event of granting permission, the respondent police shall always impose any reasonable conditions, as has been imposed in the earlier occasions.

¶3Considering the issue involved, which will be recurring in nature, we direct the Inspector General of Police, South Zone and the Central Zone to issue appropriate directions in this regard to all the police officers concerned coming within their jurisdiction, who would be otherwise dealing with such cases, to take decisions within a period of two days from the date of receipt of representations from the petitioners so that the Courts will not be troubled.

¶4It is brought to the notice this Court by Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.A.K.Baskarapandian, learned Special Government Pleader, that the Writ Petitions are being filed, after giving representations in the previous days.

¶5We find considerable force in the said submission made by the learned Additional Advocate General. Our directions can never be implemented, if the petitioners rush to this Court on the very next day, after giving representations. Therefore, the persons, who seek permission to conduct cultural programme, are required to give representations at least two weeks before the proposed cultural programmes and thereafter, the directions, as given above, will have to be complied with by the police officer concerned.''

¶9Though objections were raised to allow this Writ Petition, except last year, in the previous years, the programme was conducted without any law and order problem. Hence, in view of the above decision rendered by this Court, the impugned order passed by the first respondent cannot be sustained and it is liable to be set aside. Accordingly, the impugned order passed by the first respondent is quashed. Further, considering the above facts and circumstances of the case, the following directions are issued to the second respondent:- The second respondent is directed to grant permission and to provide adequate police protection for the Adal Padal programme to be conducted on

21.05.2023 during the festival of "Sri Maha Kaliyamman, Naga Kanniyamman Kovil" at Keelatheru, Magimalai, Papanasam Taluk, Thanjavur District subject to the following conditions:

(a) the Adal Padal programme in connection with a Festival in "Sri Maha Kaliyamman, Naga Kanniyamman Kovil" at Keelatheru, Magimalai, Papanasam Taluk, Thanjavur District scheduled to be held on 21.05.2023 should be completed before 11.00 PM or within the time permitted by the respondents.

(b) double meaning songs should not be played so as to spoil the minds of students and the youth;

(c) no songs, touching upon any political party or religion, community or caste be played;

(d) no flex boards in support of any political party or religious leader be erected;

(e) the cultural programme should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;

(f) 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;

(g) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time;

(h) the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme; and

(i) if any untoward incident takes place, the organizers of the programme be made responsible for the same.

¶10Considering the above, the second respondent is directed to strictly adhere to the Standard Operating Procedure adopted by the Government of Tamil Nadu.

¶11It 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.

¶12This Writ Petition is disposed of with the above observations and directions. No costs.

17.05.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Lm To

1.The Deputy Superintendent of Police, Thanjavur Rural Sub Division, Thanjavur District.

2.The Inspector of Police, Ammapettai Police Station, Thanjavur District. T.V.THAMILSELVI

, J.

Lm W.P (MD).No.11944 of 2023

17.05.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2023 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI W.P.(MD).No.11944 of 2023 Palanisamy ... Petitioner Vs. 1.The Deputy Superintendent of Police, Thanjavur Rural Sub Division, Thanjavur District. 2.The Inspector of Police, Ammapettai Police Station, Thanjavur District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st Respondent in his proceedings in e.f.vz;. 22/j.C.c.Nfh/2023 dated 08.05.2023 and quash the same as illegal and consequently direct the respondents to permit the petitioner to conducting "Adal Padal" on 21.05.2023 at about 07.00 PM during the conducting festival of "Sri Maha Kaliyamman, Naga Kanniyamman Kovil", Keelatheru, Magimalai, Papanasam Taluk, Thanjavur District. For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl)