A.Vedan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY A.Vedan ... Petitioner Vs 1.The Deputy Superintendent of Police, Thiruverumbur, Trichy.

2.The Inspector of Police, Thuvakkudi Malai North, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for impugned instruction of the 2nd respondent and quash the same as illegal and consequently to grant permission and protection for Thappatam, Karagatum and Innisai Katcheri, which has to be scheduled on 21.05.2024, 28.05.2024 and 29.05.2024, 30.05.2024 at night respectively with 69th year of Sri Muthu Mari Amman temple Festival at Thuvakudi Malai, Thiruvarumbur taluk, Trichy District by considering the petitioner's representation, dated 10.04.2024.

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For Petitioner : Mr.V.Muthuvelan For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)

O R D E R

This Writ Petition is filed challenging the impugned instruction of the second respondent and to grant permission and protection for Thappatam, Karagatum and Innisai Katcheri, which has to be scheduled on 21.05.2024, 28.05.2024 and 29.05.2024, 30.05.2024 at night respectively with 69th year of Sri Muthu Mari Amman temple Festival at Thuvakudi Malai, Thiruvarumbur taluk, Trichy District by considering the petitioner's representation, dated 10.04.2024.

2. The impugned instruction of the second respondent dated 22.05.2024 states that the representation of the petitioner is considered and the same was rejected for the following reason: "Thanjavur to Trichy NG 83 Byepass and a TASMAC wine shop located hearby 100 meter of function place of temple." 2/5

3. Considering the same, this Court is of the considered opinion that the reason cited by the second respondent is absolutely erroneous. Hence, this Court directs the respondents to close the TASMAC on the date of conducting the function and allow the petitioner to conduct the function on that day with the following conditions:

"(a) On such deemed permission, the organisers, who shall be the responsible members of the festival committee, shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted;

(b) The program shall not extend beyond 10 p.m.; (c)No women participating in the cultural program would be depicted or portrayed in an obscene or undignified manner either in the form of clothing or otherwise; (d) The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played;

(e) There shall be no supply of alcohol or any intoxicating material in and around the area where cultural program is scheduled to be held;"

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4. In case of violation of any conditions, it is open to the authorities to initiate such action as is required under law and the persons who are the organisers/committee members shall be held responsible.

5. With the above said directions, this Writ Petition stands disposed of. No costs.

22.05.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No GBG Note : Issue order copy on 24.05.2024.

To 1.The Deputy Superintendent of Police, Thiruverumbur, Trichy.

2.The Inspector of Police, Thuvakkudi Malai North, Trichy District.

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

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S.SRIMATHY , J.

GBG ORDER IN 22.05.2024 5/5