Vasanthakumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2019
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.10729 of 2019 Vasanthakumar ... Petitioner Vs.
1.The District Collector, Pudukkottai District.
2.The Superintendent of Police, Pudukkottai District.
3.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, to direct the respondents to grant permission and give adequate police protection to conduct Virattu Manjuvirattu and Annathanam on 01.05.2019 at Kumarapatti, Thirukalambur Post, Ponnamaravathy Taluk, Pudukkottai District in connection with temple Festival at Arulmigu Umaiya Karuppar Thirukkovil based on the petitioner's representation dated 25.04.2019.
For Petitioner : Mr.K.G.Arun Kumar For Respondents : Mrs.S.Bharathi Government Advocate (Crl.Side)
ORDER
This writ petition has been filed to direct the respondents to grant permission and give adequate police protection to conduct Virattu Manjuvirattu and Annathanam on 01.05.2019 at Kumarapatti, Thirukalambur Post, Ponnamaravathy Taluk, Pudukkottai District in connection with temple Festival at Arulmigu Umaiya Karuppar Thirukkovil based on the petitioner's representation dated 25.04.2019.
2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.
3. The petitioner has made a representation dated 25.04.2019 to the respondents, seeking permission to conduct Virattu
Manjuvirattu and Annathanam and since no order has been passed, the petitioner has filed this Writ Petition.
4. The learned Government Advocate (Crl.Side) submitted that the respondents have no serious objection. She further submitted that permission may be granted subject to stringent conditions.
5. Considering the facts and circumstances of the case, the third respondent is directed to consider the representation of the petitioner, dated 25.04.2019 and give permission to the petitioner to conduct Virattu Manjuvirattu and Annathanam incorporating the following conditions:- "(a)the participants are directed not to harass the animals.
(b)there should not be any kind of obscene dance or vulgar dialogues during the performance, by any one of the participants;
(c)double meaning songs should not be played so as to spoil the minds of students and the youth; (d)no dance or songs, touching upon any political party or religion, community or caste be played; (e)no flex boards in support of any political party or religious leader be erected;
(f)the function should not be affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(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)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."
6.The third respondent/the Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District 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.With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Myr
To 1.The District Collector, Pudukkottai District.
2.The Superintendent of Police, Pudukkottai District.
3.The Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.
+1CC TO MR.K.G.ARUN KUMAR, Advocate Sr. No. 64145 W.P.(MD)No.10729 of 2019 29.04.2019 SP (30.04.2019) 3P 5C