K.R.Palaniappan v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2019
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.10410 of 2019 K.R.Palaniappan ... Petitioner Vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Superintendent of Police, Pudukkottai District, Pudukkottai.
3.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.
4.The Tahsildar, Ponnamaravathy Taluk, Pudukkottai District.
5.The Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.
... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents herein to grant permission and protection to conduct the Manjuvirattu Event on 26.05.2019 in pursuant to the Vaikasi Festival of Arulmigu "Sri Malayaperumal Ayyanar Temple" situated at Sundarasolapuram Periya Kanmai, Ponnamaravathy Taluk, Pudukkottai District, based on the petitioner's representation dated 16.03.2019 and 22.04.2019. For Petitioner : Mr.G.Mathavan For Respondents : Mrs.S.Bharathi Government Advocate (Crl.Side)
ORDER
This writ petition has been filed to direct the respondents herein to grant permission and protection to conduct the Manjuvirattu Event on 26.05.2019 in pursuant to the Vaikasi Festival of Arulmigu "Sri Malayaperumal Ayyanar Temple" situated at Sundarasolapuram Periya Kanmai, Ponnamaravathy Taluk, Pudukkottai District, based on the petitioner's representation dated 16.03.2019 and 22.04.2019.
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.
3.The learned counsel for the petitioner would submit that the Villagers have conducted the temple festival every year peacefully. As per the tradition and customs, this year also the Villagers have planned to conduct Vaikasi Festival of Arulmigu "Sri Malayaperumal Ayyanar Temple" situated at Sundarasolapuram Periya Kanmai, Ponnamaravathy Taluk, Pudukkottai District. In this regard, the petitioner gave a representations to the respondents on 16.03.2019 and 22.04.2019. Since no action has been taken, the present writ petition has been filed.
4.The learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, would submit that the respondents have no serious objection. He further submitted that permission may be granted subject to stringent conditions.
5.Considering the facts and circumstances of the case, the first respondent is directed to consider the representation of the petitioner, dated 16.03.2019 and 22.04.2019 and give permission to the petitioner to conduct Virattu Manjuvirattu event incorporating the following conditions:- "(a)the participants are directed not to harass the animals.
(b)The function should not be affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(c)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.
(d)the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme; and (e) if any untoward incident takes place, the organizers of the programme be made responsible for the same."
6.The first respondent is directed to take all steps to ensure that the programme is conducted in a peaceful manner by imposing suitable conditions taking into consideration the ground situation and reality. The parties shall abide by the conditions imposed. 7.Accordingly, this Writ Petition is disposed of. No costs. sd/ Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar
To 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Superintendent of Police, Pudukkottai District, Pudukkottai.
3.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.
4.The Tahsildar, Ponnamaravathy Taluk, Pudukkottai District.
5.The Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.
Order made in W.P.(MD)No.10410 of 2019 26.04.2019 myr MK/17.05.2019/3P/6c