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Madras High CourtWP(MD)/17647/2016disposed of

N.Thangaiah Nadar v. The Inspector Of Police

2016-09-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2016

CORAM:

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD) No.17647 of 2016 N.Thangaiah Nadar ... Petitioner -vsThe Inspector of Police, Surandai Police Station, Tirunelveli District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondent to grant permission for conducting Mellisai Kacheri scheduled on 09.10.2016 and Paattu Kacheri Scheduled on 10.10.2016 respectively in connection with the Purattasi festival of Sri Muppidathiyamman Temple, Sivagurunathapuram, Surandai, Tirunelveli District on the basis of the representation of the petitioner, dated 07.09.2016.

For Petitioner :

Mr.V.Sasikumar For Respondent :

Mr.K.P.Krishna Doss, Govt. Advocate

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to grant permission for conducting Mellisai Kacheri scheduled on 09.10.2016 and Paattu Kacheri Scheduled on 10.10.2016 respectively in connection with the Purattasi festival of Sri Muppidathiyamman Temple, Sivagurunathapuram, Surandai, Tirunelveli District on the basis of the representation of the petitioner, dated 07.09.2016.

2. Mr.K.P.Krishna Doss, learned Government Advocate, 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 Government Advocate 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 Government Advocate 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 and also police protection to perform the cultural event of Mellisai Kacheri Scheduled on 09.10.2016 and Paattu Kacheri Scheduled n 10.10.2016 in connection with the Purattasi Festival of Sri Muppidathiyamman Temple, Sivagurunathapuram, Surandai, Tirunelveli District 7.00 p.m., and 10.30 p.m., by incorporating the following conditions:

(a) 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 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) In respect of untoward incident occurring, the organizers of the programme be responsible for the same; (g) 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(CS-II) /TRUE COPY/ Sub Assistant Registrar To:

The Inspector of Police, Surandai Police Station,Tirunelveli District. +1cc to Special Government Pleader in SR.No.52878 +1cc to M/S.V.Sasikumar, Advocate in SR.No.53293 W.P.(MD)No.17647 of 2016 16.09.2016 am PA/AAL-MPA/29.09.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/