Madras High CourtWP(MD)/14736/2016disposed of

S.Gunaseelan 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.14736 of 2016 S.Gunaseelan ... Petitioner -vsThe Inspector of Police, Valliyoor 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 respondent to permit the petitioner to conduct the festival of Kodai Vizha in Karukkuvel Iyyanar Sastha temple situated at Pudur, Achampadu Village on 12.08.2016. For Petitioner : Mr.R.Ilayaraja 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 respondent to grant permission to the petitioner to conduct the festival of Kodai Vizha in Karukkuvel Iyyanar Sastha temple situated at Pudur, Achampadu Village on 12.08.2016.

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 Additional Government Pleader appearing for the respondent, on instructions, would submit that the petitioner being an organizer, refused to receive Thalaikattu vari from some of the people and therefore, some problem is anticipating from some quarters.

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5.The learned counsel for the petitioner would submit that irrespective of the caste, creed and religion, Thalaikattu vari will be received from whomsoever is willing to offer. 6.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 the petitioner to conduct the festival of Kodai Vizha in Karukkuvel Iyyanar Sastha temple situated at Pudur, Achampadu Village, scheduled to be held on on 12.08.2016, 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 (T&P) /True copy/ Sub Assistant Registrar To The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

+ 1 CC TO MR.R.ILAYARAJA, ADVOCATE IN SR No. 43735 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 43670 MJ TE/KP/SAR-I : 12/08/2016 : 2P/4C (IT) W.P(MD)No.14736 of 2016 11.08.2016 https://hcservices.ecourts.gov.in/hcservices/