Madras High Court
M.Prabu vs / on 22 September, 2022
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
W.P.(MD)No.22364 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.(MD)No.22364 of 2022
M.Prabu ... Petitioner
/vs./
1.The Deputy Superintendent of Police,
Pudukottai Town,
Pudukottai District.
2.The Inspector of Police,
Athanakottai Police Station,
Athanakottai,
Pudukottai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the second Respondent to grant
permission and necessary protection for conducting ''Maha Urtchava Thiruvizha''
festival followed by cultural programs including the dance program (Adal Padal)
schedule to be at 06.00 p.m. on 24.09.2022 at Arulmigu Sri Peramar Swamy
Nuthana Alayam at Perungalur Village, Pudukkottai District.
For Petitioner : Mr.K.Srinivasaragavan
For Respondents : Mr.B.Nambi Selvan
Additional Public Prosecutor
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W.P.(MD)No.22364 of 2022
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the second Respondent to grant permission and necessary protection for conducting ''Maha Urtchava Thiruvizha'' festival followed by cultural programs including the dance program (Adal Padal) schedule to be at 06.00 p.m. on 24.09.2022 at Arulmigu Sri Peramar Swamy Nuthana Alayam at Perungalur Village, Pudukkottai District.
2.The learned Additional Pubic Prosecutor takes notice for the Respondents. By consent, the Writ Petition itself is taken up for final disposal.
3.Heard the learned Counsel for the Petitioner and the learned Additional Pubic Prosecutor appearing for the Respondents.
4.The learned Counsel appearing for the Petitioner would submit that as the aforesaid festival is celebrated in a peaceful manner by the villagers, there will be no untoward incident on account of this celebration. He would also submit that the Petitioner is the Member of the festival committee. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22364 of 2022
5.The learned Additional Pubic Prosecutor appearing for the Respondents, 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. He would also submit that no previous case is pending against the Petitioner.
6.In view of the submission made by the learned Additional Pubic Prosecutor, the Writ Petition is disposed of, with a direction to the Respondents concerned to accord permission and Police Protection to conduct the Cultural Programme in connection with the above said festival of the said Temple on above said date, between 7.00 p.m., and 10.00 p.m., by incorporating the following conditions:
a) Obscene dance/songs/vulgar dialogues should be avoided during the programme and the performers must be decently clothed;
b) Songs conveying obscene double meaning should not be played in order to avoid awkwardness;3/6
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c) No dance or song, 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) The Organizers shall have the names and other particulars of performers; and 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22364 of 2022
i) 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.
No costs.
22.09.2022 Index : Yes / No Internet : Yes / No vsd Note: Issue Order Copy on 23.09.2022.
To:
1.The Deputy Superintendent of Police, Pudukottai Town, Pudukottai District.
2.The Inspector of Police, Athanakottai Police Station, Athanakottai, Pudukottai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.5/6
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