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Madras High CourtWP(MD)/5898/2015disposed of

G. Boopathy, v. The Superintendent

2015-04-17Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.5898 of 2015 G.Boopathy ... Petitioner Vs

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

2. The Inspector of Police, Somarasanpettai Police Station, Tiruchirapalli District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant permission to perform the programme "Karagattam Nighalchi" at Arulmighu Shri Maha Mariayamman temple situated at Koppu Village, Srirangam Taluk, Tiruchirapalli District from 09.00p.m. to 01.00a.m. on 19.04.2015. For Petitioner : Mr.P.Loyola For Respondents : Mr.R.Karthikeyan, Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for the issuance of Writ of Mandamus, directing the respondents to grant permission to perform the programme "Karagattam Nighalchi" at Arulmighu Shri Maha Mariayamman temple situated at Koppu Village, Srirangam Taluk, Tiruchirapalli District from 09.00p.m. to 01.00a.m. on 19.04.2015.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. The learned counsel appearing for the petitioner would submit that the petitioner is the worshiper and organizer of Arulmighu Shri Maha Mariayamman temple situated at Koppu Village, Srirangam Taluk, Tiruchirapalli District and every year temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village temple festival, with "Karagattam" on 19.04.2015. In this connection, a representation was given on 02.04.2015 and 05.04.2015 to the respondent police, with a request to grant permission to conduct "Karagattam" on 19.04.2015, however no order was passed by the respondents on the said representation and hence the petitioner is before this Court with this Writ Petition. The learned counsel for the petitioner further submitted that as the temple festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident by the people of the village. 4.Considering the submission made by the learned Counsel for the petitioner, the Writ Petition is disposed of with the following directions:

(a) The cultural programme in connection with temple Festival in connection with Poochorithal Festival at Arulmighu Shri Maha Mariayamman temple situated at Koppu Village, Srirangam Taluk, Tiruchirapalli District be held on 19.04.2015 and so far as the time for cultural programme/Karagattam is concerned, it is for the second respondent to fix the same.

(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 so as to spoil the minds of students and youths.

(d) No dance or songs, touching upon any political party or religion or community or caste be played.

(e) No flex boards in support of any political party or communal leader be erected.

(f) The function should not 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; and (h) Similarly, the police is entitled to stop the dance programme, if it exceeds beyond the permitted time.

(i) The second respondent is directed to issue necessary permission, incorporating the above conditions. No costs.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Somarasampettai Police Station, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.P.Loyola, Advocate, in SR. No.19628. W.P(MD)No.5898 of 2015 17.04.2015 ssl msm 17.04.2015 p3/5c(IT)