Marimuthu v. The Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.05.2019

CORAM

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.(MD)No.12534 of 2019 Marimuthu ... Petitioner Vs.

1. The Superintendent of Police, Tirunelveli District, Tirunelveli.

2. The Inspector of Police, Sankarankovil Town Police Station, Tirunelveli District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to give permission to organize the temple festival programs on 08.06.2019 from evening 6'O clock to till 12'O clock, at Arulmizhu Shri Thiralapathi Amman Festival at North Street, Sankarankovil based on the representation, dated 27.05.2019.

For Petitioner : Mr.J.Senthil Kumar For Respondents : Mr.R.Anantharaj Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to grant permission to the petitioner to organize the temple festival programs on 08.06.2019 from evening 6'O clock to till 12'O clock, at Arulmizhu Shri Thiralapathi Amman Festival at North Street, Sankarankovil based on the representation, dated 27.05.2019.

2. The village people want to conduct temple festival of Arulmizhu Shri Thiralapathi Amman Festival at North Street, Sankarankovil.

3.Considering the facts and circumstances of the case, this Court grants permission to organize 'temple festival' on 08.06.2019. The second respondent / The Inspector of Police, Sankarankovil Town Police Station, Tirunelveli District., is directed to consider the representation of the petitioner, dated 27.05.2019 and to give permission and to provide police protection for conducting 'Temple Festival' of Arulmizhu Shri Thiralapathi Amman Festival at North Street, Sankarankovil, scheduled to be held on 08.06.2019, subject to the following conditions:- (a) Temple Festival of Arulmizhu Shri Thiralapathi Amman Festival at North Street, Sankarankovil scheduled to be held on 08.06.2019, should be completed before 10.00 p.m. https://hcservices.ecourts.gov.in/hcservices/

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

(c) 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 (d) Similarly, the police is directed to stop the programme, if it is conducted beyond the permitted time limit.

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

4. 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.

5. The petitioner shall give an undertaking that he will take responsibility for the peaceful conduct of the Temple Festival and no law and order problem will arise.

6. In case the order copy is not received by the concerned respondents, the Additional Public Prosecutor is directed to communicate the operative portion of the order and conditions imposed in this order to them.

7. Accordingly, this Writ Petition is disposed of. No costs. sd/ Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Tirunelveli District, Tirunelveli.

2. The Inspector of Police, Sankarankovil Town Police Station, Tirunelveli District.

+1 CC to Mr.J.SENTHIL KUMAR, Advocate ( SR-66349[F] dated 30/05/2019) Order made in W.P.(MD)No.12534 of 2019 29.05.2019 tm MK (03.06.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/