Thinakaran, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2018
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P(MD)No.19329 of 2018 Thinakaran ... Petitioner -Vs1.The District Collector, Pudukottai District, Pudukottai.
2.The Inspector of Police, Aranthangi Police Station, Pudukottai District.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to permit the petitioner to conduct "Manjuvirattu" at Manjuvirattu ground, Mottaiyandi Village, Aranthangi Taluk, Pudukottai District on 23.09.2018 and to provide adequate police protection by considering the petitioner's representation, dated 23.08.2018.
For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.B.Bhagawathi, Government Advocate.
ORDER
This petition has been filed for a direction to the respondents to permit the petitioner to conduct "Manjuvirattu" at Manjuvirattu ground, Mottaiyandi Village, Aranthangi Taluk, Pudukottai District on 23.09.2018 and to provide adequate police protection by considering the petitioner's representation, dated 23.08.2018.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
3. The petitioner has made a representation dated 23.08.2018 to the respondents, seeking for permission to conduct "Manjuvirattu" and since no order has been passed, the petitioner has filed this Writ Petition.
4. The learned Government Advocate, on instructions, would submit that granting such a direction will lead to unnecessary law and order problem.
5. It is seen from the records that the Village people decided to conduct "Manjuvirattu" in connection with the pongal festival and
the abovesaid festival has been conducted by the people belonging to the Village for more than 25 years. There are no rival parties in this case and the festival is being conducted by all the villagers together. Therefore, the respondents cannot reject the permission based on a mere apprehension of law and order problem without there being any materials to substantiate the same.
6. Considering the facts and circumstances of the case, the second respondent is directed to grant permission and give adequate police protection to conduct "Manjuvirattu" at Manjuvirattu ground, Mottaiyandi Village, Aranthangi Taluk, Pudukottai District, on 23.09.2018 on the following conditions:- "i) the participants are directed not to harass the animals; ii) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed;
iii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity;
iv) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue; v) The participants of Manjuvirattu shall not wear any form of dress showing offending slogans or picture of any communal/political leader which may cause disturbance; vi) Songs praising communal leader or having communal overtones should not be played;
vii) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed;
viii) There should not be any Flex Boards representing any community or political leaders;
ix) 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;
x) the participants of the Manjuvirattu shall not intake any kind of toxic substance or liquor during the tournament;
xi) If there is any untoward incident took place, the village people and the organizers of the Manjuvirattu be made responsible for the same; and
xii) The second respondent is at liberty to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity, so as to maintain law and order and communal harmony."
7. The Writ Petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The District Collector, Pudukottai District, Pudukottai.
2.The Inspector of Police, Aranthangi Police Station, Pudukottai District.
+1CC to Mr.T.Lenin Kumar, Advocate, SR.No.82867 +1CC to the Special Government Pleader SR.No. 83086 W.P(MD)No.19329 of 2018 06.09.2018 PS ES/SV/SAR 3/10.09.2018/3P/5C