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Madras High CourtWP(MD)/12223/2019disposed of

N.Chandran, S/O.Nalli, v. The Superintendent Of Police

2019-05-22Honourable Mrs Justice S. Ramathilagam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.05.2019 CORAM :

THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM W.P.(MD)No.12223 of 2019 N.Chandran ... Petitioner /Vs./ 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Kulithalai Police Station, Karur District.

... Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to give Police Protection from 26.05.2019 to 28.05.2019 from temple festival of Kuppureddipatti Arulmighu Sree Maha Mariamman Temple festival situated at Kuppureddipatti, Inungur Post, Kulithalai Taluk , Karur District and permission to conduct Karakattam at 10.00 pm and Madurai Veeran Drama at 10.00 pm on 27.05.2019 and 28.05.2019 respectively which will be held in connection with aforesaid temple festival.

For Petitioner : Mr.R.Murugappan For Respondents : Ms.M.Ananthadevi Government Advocate (Crl. Side)

ORDER

This petition has been filed to direct the respondents to give Police Protection from 26.05.2019 to 28.05.2019 for temple festival of Kuppureddipatti Arulmighu Sree Maha Mariamman Temple festival situated at Kuppureddipatti, Inungur Post, Kulithalai Taluk, Karur District and give permission to conduct Karakattam at 10.00 pm and Madurai Veeran Drama at 10.00 pm on 27.05.2019 and 28.05.2019 respectively which will be held in connection with aforesaid temple festival.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

3. The learned counsel appearing for the petitioner would submit that the Villagers have conducted cultural programme for the temple festival every year peacefully. As per the tradition and

customs, this year also the Villagers have planned to conduct Karagattam and Madurai Veeran Drama from 26.05.2019 to 28.05.2019. In this regard, the petitioner gave a representation to the respondents on 15.05.2019. 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. She further submitted that permission may be granted subject to stringent conditions.

5. Considering the facts and circumstances of the case, this Court grants permission to conduct Karakattam at 10.00 pm and Madurai Veeran Drama at 10.00 pm from 26.05.2019 to 28.05.2019 at 07.00 p.m. to 10.00 p.m. and the Writ Petition is disposed of with the following directions:

The second respondent / Inspector of Police, Kulithalai Police Station, Karur District, is directed to consider the representation of the petitioner, dated 15.05.2019 and to give permission and to provide police protection from 26.05.2019 to 28.05.2019 for temple festival of Kuppureddipatti Arulmighu Sree Maha Mariamman Temple festival situated at Kuppureddipatti, Inungur Post, Kulithalai Taluk, Karur District and give permission to conduct Karakattam at 10.00 pm and Madurai Veeran Drama at 10.00 pm on 27.05.2019 and 28.05.2019, scheduled to be held from 26.05.2019 to 28.05.2019, subject to the following conditions:- (a) Cultural Programme done in Kuppureddipatti Arulmighu Sree Maha Mariamman Temple festival situated at Kuppureddipatti, Inungur Post, Kulithalai Taluk, Karur District, scheduled to be held from 26.05.2019 to 28.05.2019 should be completed between 07.00 p.m. to 10.00 p.m.

(b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

(c) Double meaning songs should not be played as they will spoil the minds of students and youths.

(d) No dance or songs, touching upon any political party or religion or community or caste shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(g) If there is 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 forthwith; and (h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.

(i) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions.

6. It is open to the second respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Board representing any community. No costs.

Sd/- Vacation Officer/ Assistant Registrar // True Copy // Sub Assistant Registrar(CS) tsg/MR To 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Kulithalai Police Station, Karur District.

+1CC TO MR.R.MURUGAPPAN, Advocate Sr. No. 66151 Order made in W.P.(MD)No.12223 of 2019 22.05.2019 GRL(CO) TR (24.05.2019) 3P 4C