The Single Bench of the Madras High Court Justice A.D Jagadish Chandra on 30.01.2020 issued an order granting permission to conduct cultural programmes with audio systems during the 10th day of Thaipoosam festival celebrating today, i.e., on the eve of Arulmugu Thirumalai Kaumaraswamy Thirukoli Festival, in Thenkasi district. The bench had issued a similar order the same day for celebrating 7th day of the Thaipoosam festival that was conducted on 05.02.2020 from 9 pm to 2 am.
With regard to sound pollution the court specified that the loudspeakers or public address shall not exceed 10 dB (A) above the ambient noise standards for the area or 75 dB (A) whichever is lower
The petitions were filed under Article 226 of the Constitution of India to issue appropriate orders and to direct the Sub Inspector of Police to grant permission and adequate police protection to conduct cultural programmes with audio systems on the 7th and 10th day of Thaipoosam festival on 08.02.2020 from 9:00 pm to 2:00 am at Senkottai Taluk, Tenkasi District.
The court directed the police(respondent) to grant permission for conducting the Cultural Programmes with audio systems on the 7th and 10th day of the Thaipoosam festival along with the following conditions:
(a) The Cultural Programmes with audio systems on the 7th day and 10th day of Thaipoosam festival should be completed within the specified time
(b) where loudspeakers or public address or any other noise source is being used, the noise level shall not exceed 10dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower. No one shall beat drum or tom-tom or blow a trumpet or beat or sound any instrument and use any sound amplifier at night between 10.00 p.m to 6.00 p.m.
(c) double meaning songs should not be played so as to spoil the minds of students and the youth;
(d) no songs, touching upon any political party or religion, community or caste be played;
(e) Organizers shall not erect any digital banners/placards on either side of the arterial roads, platforms, walkways/major roads and any other roads
(f) the function should not affect caste, religious or communal harmony and shall be conducted without any discrimination
(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 are 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;
(j) if any untoward incident takes place, the organizers of the programme be made responsible for the same
(k) the authority concerned shall videograph the entire programme at the cost of the applicant and submit the CD to the S.P concerned.
(l) Organizers shall have to obtain all other required permission from the authorities concerned
(m) Any other conditions as the authority concerned consider to impose according to the ground reality".
The court also directed the petitioners, Mr Subramniya Thevar and Mr P. Krishnan, to ensure that the conditions are strictly complied with and further to ensure that no law and order problem is created in the course of conducting the programme.