M.Muthusamy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2015
CORAM:
THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.7363 of 2015 M.Muthusamy ... 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 and necessary protection to perform the cultural programme of "Karaga Oyilattam" on 04.05.2015, from 7.00 p.m to 1.00 a.m and "Tirumayam Kalaimamani Dr.Aakatti Arumugam's Groups "Gramiya Isai Nigalchi" on 05.05.2015, from 7.00 p.m to 1.00 a.m at Arulmighu Shri Muthu Mariayamman temple situated at Pothavur village, Srirangam Taluk, Tiruchirapalli District.
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 and necessary protection to perform the cultural programme of "Karaga Oyilattam" on 04.05.2015, from 7.00 p.m to 1.00 a.m and "Tirumayam Kalaimamani Dr.Aakatti Arumugam's Groups "Gramiya Isai Nigalchi" on 05.05.2015, from 7.00 p.m to 1.00 a.m at Arulmighu Shri Muthu Mariayamman temple situated at Pothavur village, Srirangam Taluk, Tiruchirapalli District.
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 Muthu Mariayamman temple situated at Pothavur 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 "Karaga Oyilattam" on 04.05.2015. In this connection, a representation was given on 22.04.2015 to the respondent police, with a request to grant permission to conduct "Karaga Oyilattam" on 04.05.2015, 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. Mr.R.Karthikeyan, learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the permission sought for by the petitioner may be granted with stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme.
5. Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents, this court is of the view that necessary permission shall be granted to the petitioner and his Villagers to conduct "Karaga Oyilattam" in connection with the above said temple festival, accordingly, the Writ Petition is disposed of with the following directions:
(a) The cultural programme in connection with temple Festival in connection with Arulmighu Shri Muthu Mariayamman temple situated at Pothavur village, Srirangam Taluk, Tiruchirapalli District be held on 04.05.2015 and so far as the time for cultural programme/Karaga Oyilattam 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(T&P) /True copy/ sub Assistant Registrar akv To 1.The Superintendent of Police, Tiruchirapalli District, Tiruchirapalli.
2.The Inspector of Police, Somarasanpettai Police Station, Tiruchirapalli District.
W.P(MD)No.7363 of 2015 30.04.2015 rg.30.04.2015 3p/3c I.T