Madras High CourtWP(MD)/14653/2016disposed of

V.Sridhar, 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.14653 of 2016 V.Sridhar ... Petitioner -vsThe Inspector of Police, Ponnamaravathy Police Station, Pudukottai District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to grant permission to conduct the Kudhirai Eduppu Festival and decorate the bulls for the festival of Sri Nallandi Ayyanar Kovil Vendhanpatti Ponnamaravathy Taluk Pudukkotai District on 16.08.2016.

For Petitioner : Mr.K.G.Arunkumar For Respondent : Mr.D.Muruganandam Addl. Govt. Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to grant permission to conduct the Kudhirai Eduppu Festival and decorate the bulls for the festival of Sri Nallandi Ayyanar Kovil, Vendhanpatti, Ponnamaravathy Taluk , Pudukkotai District on 16.08.2016. 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 for the petitioner and the learned Additional Government Pleader 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 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 celebrated in a https://hcservices.ecourts.gov.

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 during festival, a bull is likely to be used and if it is released violently, it would be dangerous to general public and therefore, the respondent did not grant permission.

6.There is an undertaking on the part of the petitioner that such activity will not be done during festival. 7.In view of the undertaking given on the side of the petitioner, the Writ Petition is disposed of with the direction to the respondent police to grant permission to conduct Kudhirai Eduppu Festival and decorate the bulls for the festival of Sri Nallandi Ayyanar Kovil, Vendhanpatti, Ponnamaravathy Taluk, Pudukkotai District, scheduled to be held on 16.08.2016, between 07.00 p.m., to 10.30 p.m., by incorporating the following conditions:- (a) No flex boards in support of any political party or religious leader be erected;

(b) 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; (c) the participants of the programme shall not intake any kind of intoxicating substance or liquor during the programme; (d) In respect of untoward incident occurring, the organizers of the programme be responsible for the same; (e) 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(AS) /True Copy/ Sub Assistant Registrar.

To 1 The Inspector of Police,Ponnamaravathy Police Station, Pudukottai District.

2 The Additional Government Pleader, Madurai Bench of Madras High court, Madurai +1CC to M/S.K.G.Arunkumar, Advocate, SR.No. 43602 W.P(MD)No.14653 of 2016 mj AM/KBM/SAR-III/11.08.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/