Malaiyandi, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P(MD)No. 9894 of 2015 Malaiyandi ... Petitioner Vs.
The Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.
... Respondent Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, to direct the respondent to grant permission to conduct the Aani Visakam Festival, Pidarampatti Village, Ponnamaravathy Taluk, Pudukkottai District on 21.06.2015. For Petitioner : Mr.K.G.Arunkumar For Respondents : Mr.M.Murugan Government Advocate
O R D E R
Mr.M.Murugan, learned Government Advocate takes notice on behalf of the respondents. By consent, the writ petition is taken up for disposal at the stage of admission.
2.This writ petition has been filed seeking for the issuance of Writ of Mandamus, to direct the respondent to grant permission to conduct the Aani Visakam Festival of Nambinachiamman Kovil situated at Pidarampatti Village, Ponnamaravathy Taluk, Pudukkottai District on 21.06.2015.
3. Learned counsel for the petitioner would submit that the petitioner is the resident of Pidarampatti Village, Ponnamaravathy Taluk, Pudukkottai District and every year temple festival is being conducted by the villagers and this year also, the villagers jointly decided to conduct the village Aani Visakam festival on 21.06.2015. In this connection, a representation was given on 15.06.2015 to the respondent police, with a request to grant permission to conduct the Aani Visakam festival on 21.06.2015, 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.M.Murugan, learned Government Advocate 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 festival.
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5. Having considered the facts and circumstances and the submissions made by the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents, this court is of the view that necessary permission shall be granted to the petitioner and his villagers to conduct the Aani Visakam festival of Nambinachiamman Kovil situated at Pidarampatti Village, Ponnamaravathy Taluk, Pudukkottai District.
6. Accordingly, the writ petition is disposed of with the following directions:
(a) The Aani Visakam Festival of Nambinachiamman Kovil situated at Pidarampatti Village, Ponnamaravathy Taluk, Pudukkottai District be held on 21.06.2015.
(b) There should not be any kind of obscene dance or vulgar dialogues during the festival, by anyone of the participants; (b) No dance or songs, touching upon any political party or religion or community or caste be played.
(c) No flex boards in support of any political party or communal leader be erected.
(d) The festival should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(e) 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 (f) The respondent is directed to issue necessary permission, incorporating the above conditions.
No costs.
Sd/- Assistant Registrar(Crl.Side) /True copy/ Sub Assistant Registrar To The Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.
+1cc to M/s.K.G.Arun Kumar,Advocate SR.No. 31935 W.P(MD)No.9894 of 2015 18.06.2015 pjl PA/AMF/19.06.2015/2P/3C (IT) https://hcservices.ecourts.gov.in/hcservices/