Meiyappan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2019
CORAM
THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.P.(MD)No.11632 of 2019 Meiyappan ... Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Superintendent of Police, Sivagangai District, Sivagangai.
3.The Tahsildar, Thiruppathur Taluk, Thiruppathur, Sivagangai District.
4.The Inspector of Police, Thiruppathur Police Station, Sivagangai District.
5.The Sub-Inspector of Police, Nachiyapuram Police Station, Sivagangai District.
... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents herein to grant permission to the petitioner for conducting the Vadamadu Manjuvirattu event on 12.05.2019 as part of the festival in Arulmigu Usilavadi Karuppar Temple at Thalakavur Village, Sivagangai District based on his representation dated on 03.05.2019.
For Petitioner : Mr.V.Kannan For Respondents : Mrs.S.Bharathi Government Advocate
ORDER
This writ petition has been filed to issue a direction to the respondents to grant permission to the petitioner's village people to conduct the Vadamadu Manjuvirattu event on 12.05.2019 as part of the festival in Arulmigu Usilavadi Karuppar Temple at Thalakavur Village, Sivagangai District based on his representation dated on
03.05.2019.
2.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.The petitioner has made a representation dated 03.05.2019 to the respondents, seeking for a direction and since no order has been passed, the petitioner has filed this Writ Petition. 4.The learned counsel appearing for the petitioner submitted that this festival is being conducted for several years in the Temple, namely Arulmigu Usilavadi Karuppar Temple in the above said Village. This festival, in fact is jointly conducted by the villagers belonging to the said village.
5.The learned Government Advocate appearing for the respondents would submit that the respondents is not in a position to permit the same, since it may cause law and order problem. 6.It is seen from the records that Vadamadu Manjuvirattu has been conducted in the above said village for several years, jointly by the village people. Hence, this Court is of the view that mere apprehension of the law and order problem itself is not a ground to reject the permission without there being any material to substantiate the same. In this case, it is seen that there is no rival party to interfere and therefore, there is no ground to reject granting such a permission.
7.Considering the facts and circumstances of the case, the fourth respondent is directed to grant permission and provide protection to the petitioner for conducting Vadamadu Manjuvirattu on 12.05.2019 in the village namely Thalakavur Village, Sivagangai District in the temple namely Arulmigu Usilavadi Karuppar Temple with 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."
8.The fourth respondent/the Inspector of Police, Thiruppathur Police Station, Sivagangai 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.
9.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Vacation Officer/ Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Ns To 1.The District Collector, Sivagangai District, Sivagangai.
2.The Superintendent of Police, Sivagangai District, Sivagangai.
3.The Tahsildar, Thiruppathur Taluk, Thiruppathur, Sivagangai District.
4.The Inspector of Police, Thiruppathur Police Station, Sivagangai District.
5.The Sub-Inspector of Police, Nachiyapuram Police Station, Sivagangai District.
6.The Additional Public Prosecutor, Madurai bench of Madras high Court, Madurai.
+1CC TO MR.V.KANNAN, Advocate Sr. No. 65418 W.P.(MD)No.11632 of 2019 08.05.2019 DB(CO) TR (09.05.2019) 6P 8C