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Madras High CourtWP(MD)/6182/2019disposed of

Malaisamy, v. The Superintendent Of Police

2019-03-15Honourable Mr Justice N. Seshasayee4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2019

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.6182 of 2019 Malaisamy ... Petitioner Vs.

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

2.The Sub Inspector of Police, Vadipatti Police Station, Madurai District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to grant permission and protection for Karagattam, Villupattu, Gramiya Kalainigaltchi programs, scheduled to be held on 21.03.2019, at night 07.00 p.m. to 12.00 a.m., in connection with "Panguni Uthiram Festival" in Arulmigu Sri Utchi Mahaliamman Kovil situated at Pasumpon Nagar, Katchaikatti Village, Vadipatti Taluk, Madurai District, based on the petitioner's representation dated 01.03.2019 and 12.03.2019.

For Petitioner : Mr.S.Madhavan For Respondents : Mrs.S.Bharathi Government Advocate *****

ORDER

This writ petition has been filed to grant permission and protection for Karagattam, Villupattu, Gramiya Kalainigaltchi programs, scheduled to be held on 21.03.2019, at night 07.00 p.m. to 12.00 a.m., in connection with "Panguni Uthiram Festival" in Arulmigu Sri Utchi Mahaliamman Kovil situated at Pasumpon Nagar, Katchaikatti Village, Vadipatti Taluk, Madurai District, based on the petitioner's representation dated 01.03.2019 and 12.03.2019.

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

3. The learned counsel appearing 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 the Karagattam, Villupattu, Gramiya Kalainigaltchi programs, scheduled to be held on 21.03.2019, at night 07.00 p.m. to 12.00 p.m., in connection with "Panguni Uthiram Festival" in Arulmigu Sri Utchi Mahaliamman Kovil, situated at Pasumpon Nagar, Katchaikatti Village, Vadipatti Taluk, Madurai District. In this regard, the petitioner gave representations to the respondents on 01.03.2019 and 12.03.2019. 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, this Court grants permission to conduct the Karagattam and Villupattu, scheduled to be held on 21.03.2019, in Arulmigu Sri Utchi Mahaliamman Kovil, situated at Pasumpon Nagar, Katchaikatti Village, Vadipatti Taluk, Madurai District, and the Writ Petition is disposed of with the following directions:

The second respondent / Sub Inspector of Police, Vadipatti Police Station, Madurai District, is directed to consider the representations of the petitioner, dated 01.03.2019 and 12.03.2019 and to give permission and to provide police protection for the Karagattam and Villupattu, scheduled to be held on 21.03.2019, before 11.00 p.m., in connection with "Panguni Uthiram Festival" in Arulmigu Sri Utchi Mahaliamman Kovil, situated at Pasumpon Nagar, Katchaikatti Village, Vadipatti Taluk, Madurai District, subject to the following conditions:- (a) programme I.e., Karagattam and Villupattu, in connection with "Panguni Uthiram Festival" done in Arulmigu Sri Utchi Mahaliamman Kovil situated at Pasumpon Nagar, Katchaikatti Village, Vadipatti Taluk, Madurai District, scheduled to be held on 21.03.2019, should be completed before 11.00 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) No donation shall be received from any political party or in the name of any Member associated with any political party.

(g) No price shall be given in the name of any political party or in the name of any Member associated with any political party.

(h) No speeches supporting or opposing any political party shall be made. No symbol of any political party or picture of any person affiliated in the political party shall be used.

(i) The function will be conducted in the spirit of function and there will not be a bogey for political parties for the general election, 2019.

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

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

(m) 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/- Assistant Registrar (CRL.SIDE) // True Copy // Sub Assistant Registrar(CS IV)

To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Sub Inspector of Police, Vadipatti Police Station, Madurai District.

+1CC to Mr.S.MADHAVAN , Advocate SR.No. 54576. W.P.(MD)No.6182 of 2019 15.03.2019 DS/ /SAR- (19.03.2019) 4P 4C