Madras High CourtWP(MD)/14592/2016disposed of

Sriram v. The Inspector Of Police

2016-08-11Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.14592 of 2016 Sriram

...Petitioner

-vsThe Inspector of Police, Suthamalli Police Station, Tirunelveli District.

...Respondent

Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents to grant permission and adequate police protection to conduct Kuravan Kurathi Attam on 15.08.2016 Karagattam on 16.08.2016 and Innisai Kacheri Programme on 17.08.2016 on the eve of temple Festival in the Tamil month of Aadi festival Sri Mupedathi Amman Temple is situated in Suthamalli Tirunelveli District based on the petitioners representation dated -8.08.2016 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.Subash Babu For Respondent : Mr.D.Muruganandam Addl. Govt. Pleader

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to grant permission and adequate police protection to conduct Kuravan Kurathi Attam on 15.08.2016 Karagattam on 16.08.2016 and Innisai Kacheri Programme on 17.08.2016 on the eve of temple Festival in the Tamil month of Aadi festival Sri Mupedathi Amman Temple is situated in Suthamalli Tirunelveli District based on the petitioners representation dated 08.08.2016.

2.Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondent. By consent, the writ petition itself is taken up for final disposal. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

4. The learned counsel appearing for the petitioner would submit that the programme is being conducted by the villagers regularly in order to promote harmony during the above said festival period; that a representation was given to the respondent, but, however, the same was not considered by the respondent so far and hence, the petitioner is before this Court with this writ petition. The learned counsel appearing for the petitioner would further submit that as the aforesaid festival is https://hcservices.ecourts.gov.in/hcservices/

celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration.

5. The learned Additional Government Pleader appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with appropriate and stringent conditions for maintaining law and order and also to avoid any untoward incident during performance of such programme.

6. Accordingly, in view of the submission made by the learned Additional Government Pleader, the Writ Petition is disposed of with the direction to the respondent police to accord permission to the petitioner to conduct Kuravan Kurathi Attam on 15.08.2016, Karagattam on 16.08.2016 and Innisai Kacheri on 17.08.2016 in connection with the Aadi festival in Sri Mupedathi Amman Temple is situated in Suthamalli, Tirunelveli District, between 07.00 p.m. to 10.30 p.m. by incorporating the following conditions:- (a) Obscene dance / songs / vulgar dialogues should be avoided during the programme;

(b) Songs conveying obscene double meaning should not be played in order to avoid awkwardness;

(c) No dance or songs, touching upon the conduct of any political party or community or caste be played; (d)No flex boards in support of any political party or religious leader be erected;

(e)The programme shall be conducted without showing any discrimination based on caste / community etc., and it shall be ensured that it is towards promoting communal harmony; (f)the participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme; (g)In respect of untoward incident occurring, the organizers of the programme be responsible for the same; (h) If there is any violation of any of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS) To The Inspector of Police, Suthamalli Police Station, Tirunelveli District.

+1cc to M/s.M.Subash Babu, Advocate in SR.44023 +1cc to the Special Government Pleader, in SR.43675 W.P(MD)No.14592 of 2016 mj 11.08.2016 PBK/GSV-PM/SAR-I 12/08/2016 ::2P-4C::(IT) https://hcservices.ecourts.gov.in/hcservices/