Madras High Court
B.Ramkumar Adityan vs District Collector on 24 May, 2023
Author: Anita Sumanth
Bench: Anita Sumanth
WP(MD).No.26731 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON: 26.11.2025
PRONOUNCED ON: 09.01.2026
CORAM:
THE HONOURABLE Dr.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
WP(MD).No.26731 of 2025
B.Ramkumar Adityan
...Petitioner
Vs.
1. District Collector,
Thoothukudi District,
Thoothukudi - 628 101.
2. Superintendent of Police,
Thoothukudi District Police,
Thoothukudi - 628 101.
3. Superintendent of Police,
Tirunelveli District Police,
High Ground Road,
Palayamkottai, Tirunelveli - 627 011.
4. Joint Commissioner,
Hindu Religious Charitable Endowments Department,
No.35/1A, West Car Street,
Thoothukudi - 628 002.
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WP(MD).No.26731 of 2025
5. Inspector of Police,
Kulasekarapattinam Police Station,
Kulasekarapattinam - 628 206,
Thoothukudi District.
6. Executive Officer,
Arulmigu Mutharamman Thirukovil,
Hindu Religious Charitable Endowments Department,
Kulasekarapattinam - 628 206,
Thoothukudi District.
...Respondents
PRAYER:- Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus or any other appropriate writ or order or
direction directing the first, second and third respondents to take appropriate
steps to implement the directives of this Court in Writ petition in W.P (MD)
No.12535 of 2023 dated 24.05.2023 and Circular Memorandum in Rc.
003316/General I (1)/2023 dated 01.06.2023 of the Director General of
Police, Tamil Nadu Police, every year during Dasara Festival at Arulmighu
Mutharamman Thirukovil, Kulasekarapattinam, Thoothukudi District as
requested in the representations of the petitioner dated 27.09.2023,
29.03.2025 and 02.09.2025.
For Petitioner : Mr.S.Sankar
For Respondents : Mr.P.Thilakkumar
Government Pleader for R1
: Mr.P.Kottaichamy
Government Advocate for R2, R3 & R5
: Mr.J.Ashok
Additional Government Pleader for R4 & R6
*****
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WP(MD).No.26731 of 2025
ORDER
(Order of the Court was made by C.KUMARAPPAN, J.) The present writ petition has been filed as Public Interest Litigation for the relief of Writ of Mandamus or any other appropriate direction against the first, second and third respondents to take appropriate steps to implement the directives given by this Court in Writ petition in W.P (MD) No.12535 of 2023 dated 24.05.2023 and Circular Memorandum in Rc.003316/General I (1)/2023 dated 01.06.2023 of the Director General of Police, Tamil Nadu Police, during Dasara Festival at Arulmighu Mutharamman Thirukovil, Kulasekarapattinam, Thoothukudi District as mentioned in the representations of the petitioner dated 27.09.2023, 29.03.2025 and 02.09.2025.
2.Heard Mr.S.Sankar, learned counsel appearing for the petitioner, Mr.P.Thilakkumar, learned Government Pleader appearing for the first respondent, Mr.P.Kottaichamy, learned Government Advocate appearing for the respondents 2, 3 & 5 and Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents 4 & 6.
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3. The learned counsel for the petitioner has raised his concern regarding the conduct of dance and music programs during the Navaratri Festival in Kulasekarapattinam. According to the petitioner, there is a likelihood of not following the earlier orders of this Court and that there is a possibility in conducting performance against the decorum and ethos of spiritual events. Hence, we deem it appropriate to direct the authorities to form a Committee and also directed the Committee to submit a report along with the video recording. For ready reference, this Court deems it appropriate to extract our order dated 24.09.2025 as under:-
“This writ petition is stated be be filed in public interest by a devotee of 'Arulmigu Mutharamman Thirukovil, Kulasekarapattinam, Thoothukudi District' ('Temple' / 'Temple in question').
2.His grievance concerns the conduct of dance and music festivals during the Navratri season, that are is not in alignment with decorum, particularly, when seen in the context of a temple festival. The Dussehra festival in the aforesaid temple has begun on 23.09.2025 and culminates with Vijaya Dashmi on 03.10.2025.
3.The averments in the writ petition are supported by photographs, particularly those between pages 25 to 29, that reveal conduct of cultural events are inappropriate in a temple festival.
4.This is not the first instance when this Court has dealt with writ petitions with similar prayers, and the paper book 4/21 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:20:30 pm ) WP(MD).No.26731 of 2025 contains several orders passed in identical situations in other temple festivals as well. (see orders dated 31.08.2017 (WP(MD)No.16077 of 2017) and 23.08.2018 (WP(MD)No.18348 of 2018); 14.09.2022 (WP(MD)No.21756 of 2022), 26.09.2022 (WP(MD)No.22591 of 2022), 24.05.2023 (WP(MD)No. 12535 of 2023) and 04.09.2023 (WP(MD)No.21507 of 2023), of these, WP(MD)No.16077 of 2017, WP(MD)No.18348 of 2018, WP(MD)No. 21756 of 2022, WP(MD)No.22591 of 2022, WP(MD)No.21507 of 2023 deal with the temple in question.
4.Mr.P.Thilakkumar, learned Government Pleader accepts notice for R1, Mr.P.Kottaichamy, learned Government Advocate accepts notice for R2, R3 & R5 and Mr.J.Ashok, learned Additional Government Pleader accepts notice for R4 & R6.
5. While the respondents would not dispute the position that the temple festival must comprise of programmes that align with the ethos of the temple, that are decent and dignified, they would point out that the photographs submitted do not relate to this year.
6. Mr.S.Sankar, appearing for the petitioner objects stating that even yesterday, similar dance and cultural events had taken place.
7. Hence and as a means of effective resolution that may be followed in later years as well, this Court directs the formation of a Monitoring Committee comprising (i) A nominee of the Tahsildar, Kulaekarapattinam (ii) A nominee of the Inspector of Police, Kulaekarapattinam Police station (iii) A nominee of the Executive Officer of the temple (iv) Mr.Sivaloor Jeyaraj, S/o.Thangiah Nadar, No.5/130, Sivaloor, Udangudi, Tiruchendur – 628 203 and (v) Mrs.R.Chitra, W/o.Mr.Ramalingam, D.No.5/78, Vadapoo Street, Kayamozhi, Tiruchendur – 628 205, solely to oversee the conduct of cultural events in the temple festival.
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8. The attendance of the committee members is required on all days of the festival, and they shall ensure that the program shall not extend beyond 10 p.m. There shall be no supply of alcohol or any intoxicating material in and around the area where the cultural program is scheduled to be held. In case of violation of the aforesaid conditions, it is open to the authorities to initiate such action as is required under law and the persons who are the organisers/committee members shall be held responsible.
9. The Public Prosecutors shall ensure circulation of this order to the Superintendent of Police of all the Districts for issuing suitable instructions to their subordinate officers.
10. The temple shall videograph the cultural events and photographs shall be taken by the committee. A report of the Dussehra cultural celebration accompanied by a selection of photographs from each day shall be filed, when the matter is listed next.
11. List on 09.10.2025 to receive the report of the Committee.” It appears that in pursuance of the above order, they have formed a Monitoring Committee to over see the performance.
4. After the above order, when the matter was again listed on 11.11.2025, the learned Government Pleader filed a report signed by the Members of the Monitoring Committee. According to the report of the 6/21 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:20:30 pm ) WP(MD).No.26731 of 2025 Monitoring Committee, there were no instances of dances or cultural programs violating the decorum and spiritual ethos of the festival. For ready reference, the report is depicted by way of scanned image:-
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5. After the above report, the case was again listed on 26.11.2025 and this Court heard either side. It is the specific contention of the petitioner that notwithstanding various directions by this Court through various orders of this Court, the Temple Authorities and the Police did not take any steps to stop the inappropriate dance program, which are not in consonance with the ethos of Dasara festival. In support of his contention, he has produced additional typed set of papers along the pen-drive, which contains certain video recording of the dance programs.
6.In our view, such dance programs are not in consonance with the spirituality of the Dasara festival, and also contrary to the previous orders of this Court in WP(MD).No.16077 of 2017 dated 31.08.2017 and WP(MD).No.21756 of 2022 dated 14.09.2022. In the above Writ Petitions, the Division Bench of this Court has directed the authorities to restrain the obscene and vulgar dance and were also directed them to take appropriate action against the violators. For ready reference, this Court deems it appropriate to extract the relevant portion of the order dated 31.08.2017 made in WP(MD).No.16077 of 2017:-
“The petitioner seeks a direction for banning dance performance of paid dancers like bar dance girls, Tv and Cinema 9/21 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:20:30 pm ) WP(MD).No.26731 of 2025 Actors and others during the conduct of Dhasara festival of Arultharum Mutharamman Thirukovil, located in Kulasekarapattinam, Thoothukudi District. He has given a representation in this regard to the authorities. Since the same was not considered, this Writ Petition has been instituted.
2.Heard the learned counsel for the parties.
3.It is submitted that the Dussera festival for the said temple attracts thousands of devotees from all over India. The devotees dress themselves in a variety of costumes. Music and dance programmes are also conducted. This Court cannot restrain anybody from participating in any such functions. Tv and Cinema actors and actresses are also entitled to take part in such functions.
This Court can take note of the fact that invariably the said programmes are full of cinema motifs and themes. But, that is a part of popular culture and there cannot be any intervention in such matters. But, vulgarity and obscenity cannot be displayed in the name of arts. Therefore, this writ petition is disposed of with a direction to the authorities to ensure that there is no display of vulgarity or obscenity in connection with the temple festival of Arultharum Mutharamman Thirukovil, located in Kulasekarapattinam, Thoothukudi District.
4.This Writ Petition is disposed of accordingly. No costs.”
7.It is further relevant to extract the relevant portion of the order of the Division Bench in WP(MD).No.21756 of 2022 dated 14.09.2022:-
“13. We are of the view that the petitioner has produced materials to substantiate his plea of exhibition of obscene and vulgar dance during the earlier Dasara festival for the years 2017 and 2018. Thus, the apprehension of the petitioner to protect the traditional culture and customs of Dasara festival from the vulgar and obscene dance performance, is well founded. However, now it is the submission of the learned Additional Public Prosecutor that the Circular Memorandum in Rc.007301/Genl I (1)/2019 dated 09.04.2019 and the directives of the Division Bench in W.P(MD)No. 10/21 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:20:30 pm ) WP(MD).No.26731 of 2025 16077 of 2017, dated 31.08.2017, will be followed by the police authorities in letter and spirit, during the forthcoming Dasara festival.
14. In view of the above, recording the abovesaid submission of the learned Additional Public Prosecutor, we dispose of this Writ Petition, directing the respondents to ensure that Circular Memorandum in Rc.007301/Genl I (1)/2019 dated 09.04.2019 and the directives of the Division Bench in W.P(MD)No.16077 of 2017 dated 31.08.2017 are followed in letter and spirit in the forthcoming Dasara festival of Arultharum Mutharamman Thirukovil at Kulasekarapattinam, Thoothukudi District. We direct that the obscene and vulgar dance performance should be specifically prohibited by the Police authorities in the forthcoming festival and if any one violates the same, appropriate action shall be taken against them in line with the abovesaid Circular Memorandum. No costs.
Consequently, connected miscellaneous petition is closed.”
8.In the above order, the Division Bench has also referred to the Circular Memorandum issued by the Director General of Police, which is also extracted hereunder:-
CIRCULAR MEMORANDUM Sub: Police-Permission to conduct Cultural events, Sports events, Procession/Meeting etc-Procedures to be followed-consolidated instructions-Reg. Ref:1. Orders of the Hon’ble High court of Madras dt. 29.01.14 in WP.No.1450/14.
2.Orders of the Hon’ble High court of Madras dt.05.02.14 in WP.No.2817/14.
3. Orders of the Hon’ble High court of Madras dt.28.10.14 in WP(MD).No.16855/14.
4.Orders of the Hon’ble High court of Madras dt.13.04.15 in WP(MD).No.5630/15.11/21
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5.Orders of the Hon’ble High court of Madras dt.13.04.15 in WP(MD).No.5630/15.
6.Orders of the Hon'ble High Court of Madras dt. 17.06.15 in WP.No. 21866/2000.
7.Orders of the Hon'ble High Court of Madras dt. 24.08.15 in WP(MD)No. 14732/15.
8.Orders of the Hon'ble High Court of Madras dt. 22.09.15 in WP(MD)No. 17145/15.
9.Orders of the Hon'ble High Court of Madras dt. 24.07.17 in WP(MD)No. 13517/17.
10.Orders of the Hon'ble High Court of Madras dt. 25.07.18 in WP(MD)No. 16209/18.
11.Orders of the Hon'ble High Court of Madras dt. 26.03.19 in WP(MD)No. 7049/19.
***** Attention is invited to the Orders of the Hon'ble High Court of Madras in the references cited wherein the Hon'ble High Court of Madras has granted permissions to hold various events such as "Aadal Padal" Programme, Sports event, Procession/Meeting etc. with stipulated conditions. In order to streamline the issue, the following guidelines are issued:-
1. FOR CULTURAL PROGRAMMES (Including Aadal Paadal Programme, Music events, Mimicry show) i. The Organizers shall have to make an application for permission with all the details such as name, address and other particulars of the Organizers and Performers, 15 days prior to the date of the propose event.
ii. The Organizers shall have to give undertaking before the authorit concerned that there will not be any obscenity or vulgarity or any act, word or gesture insulting the modesty of women or children in the cultural programme and there will not be any disturbance to the public peace and tranquility. iii. Further they should assure that there will not be any words, either spoken or written or by signs or by visible representations or otherwise or promotes or attempts to promote, on the grounds of religion, race, place of birth, residence, language, caste or 12/21 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:20:30 pm ) WP(MD).No.26731 of 2025 community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities. Further, there should not be any act or word or gesture by bringing the Government into contempt or hatred or creating disaffection against the Government.
iv. The authority concerned shall dispose of the application within a week from the date of receipt of such application. v. In case of rejection of application for any ground, the applicant shall be afforded with an opportunity of hearing in person before such order of rejection. The authority should pass a speaking order explaining the grounds of rejection. vi. In case of permission to conduct the programme, the following conditions shall be imposed:-
1. The "Aadal Paadal" Programme in connection with festival or any cultural programme, SHO should specify the time and the same shall not be later than 10.00 p.m.
2. Double meaning songs should not be played so as to spoil the minds of students and the youth.
3. No songs, touching upon any party or religion, community or caste be played.
4 Organizers shall not erect any digital banners/placards on either side of the arterial roads, platforms, walkways/major roads and any other roads.
5. The function should not affect caste, religious or communal harmony and shall be conducted without any discrimination.
6. If there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance.
7. Similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time.
8. The participants of the programme shall not consume any kind of intoxicating substance or liquor during the programme;
9. If any untoward incident takes place, the organizers of the programme be made responsible for the same.
10. The authority concerned shall videograph the entire programme at the cost of the applicant and submit the C.D. to the S.P concerned.13/21
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11. Organizers shall have to obtain all other required permission from the authorities concerned.
12. Any other conditions as the authority concerned consider to impose according to the ground reality.
vii. If any violations of the above conditions by any of the parties connected with the programme, appropriate criminal action should be taken against them in accordance with law.
II.FOR SPORTS EVENTS i. The Organizers shall have to make an application for permission with all the details such as name, address and other particulars of the organizers 15 days prior to the date of the proposed event.
ii.The authority concerned shall dispose of the application within a week from the date of receipt of such application.
iii. In case of rejection of application for any ground, the applicant shall be afforded with an opportunity of hearing in person before such order of rejection.
iv. In case of permission to conduct the event, the following conditions shall be stipulated:-
1. The tournament scheduled to be held should be completed within the time specified by the SHO according to the tournament.
2. The organizers and other participants shall not shout, raise any slogan for or against any caste, community or creed;
3. The organizers shall ensure that no untoward incident is caused disturbing the public peace and tranquility;
4. The organizers shall make provision for first aid arrangements properly and doctors wherever felt necessary;
5. The participant shall not wear any form of dress showing offending slogans or picture of any communal/caste leader which may cause disturbance;
6.Songs praising communal, caste leader should not be played, 14/21 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:20:30 pm ) WP(MD).No.26731 of 2025
7.The organizers will ensure that no flex board or hoardings depicting particular case, community or political leader will be displayed;
8. The participants of the tournament shall not consume any kind of intoxicating substance or liquor during the tournament;
9. If there is any untoward incident, the organizers of the tournament be made responsible for the same;
10. Organizers shall not erect any digital banners/placards on either side of the arterial roads, platforms, walkways/major roads and any other roads.
11.The function will be conducted in the spirit of game.
12. If there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance;
13. Similarly, stop the tournament, if it exceeds beyond the permitted time;
14. Organizers shall have to obtain all other required permissions from the authorities concerned.
15. SHO shall put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquility, so as to maintain law and order and communal harmony.
III. FOR PROCESSION/MEETING i. The Organizers shall have to make an application for permission with all the details such as name, address and other particulars of the organizers 15 days prior to the date of the proposed event.
ii. The authority concerned shall dispose of the application within a week from the date of receipt of such application iii. In case of rejection of application for any ground, the applicant shall be afforded with an opportunity of hearing in person before such order of rejection.
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1. The procession / meeting shall be permitted to hold between______ to _____ (time) at the prescribed route / place specified by the SHO.
2. The proposed procession / meeting shall not be conducted beyond the above said route/time limit
3. In the procession/meeting, there should not be any indictment to any expressions against any political party/leader, any religious or caste, community leaders, groups or individuals either by words or deeds, which would affect their sentiments; no pamphlet, booklet shall be distributed without the prior permission of the SHO.
4. The volume of speakers provided should be at a minimum level, so as not to cause any disturbance to neighbors; No cone type speakers shall be used.
5. The people who come to participate in the procession/meeting. should come quietly without causing any disturbance or hindrance to the public at large;
6. The people who come to participate in the procession/meeting should not come in a open van or sitting on top of the buses, van. which would certainly cause law and order problem;
7. There should not be any procession on account of the meeting for which permission is granted;
8. There should not be bursting of any crackers.
9. Organizers shall not erect any digital banners/placards on either side of the arterial roads, platforms, walkways/major roads and any other roads.
10. The speakers of the procession/meeting shall address only on the general issues and shall not speak on any other topics, which would affect the sentiments of other religious or political or caste communal parties/leaders
11. After the proposed procession/meeting, the participants shall quietly disperse without causing any disturbance to people in and around and to the general public.
12. The participants should cooperate and abide by all the conditions and their vehicles should be in the marked parking place and the vehicles should not be brought to the place of meeting.
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13. Strict discipline should be maintained and all the participants should co-operate with the police for the peaceful conduct of the procession/meeting.
14. The speakers and the participants of the procession/meeting should ensure safety and security of the public property.
15. The speakers and the participants should adhere to the duration of the stipulated time. They cannot extend the event beyond the said time.
16. The organizer shall have to give an undertaking that if if any untoward. incident occurs, he will be held responsible for the same.
17. They should not carry placards, pictures, symbols, visible representations or any other object or things, which may offend against decency or morality or promote on the ground of religion, race, place of birth, caste or community.
18. The processionists should not hold of or taking part in, any drill, training or assemble with shields/lathis/arms or in uniform resembling that of Armed Forces or the uniform of Police, whether in a public or private place or carrying of lathis/arms in procession.
19. The processionists should not carry the musical instruments such as drums etc., for the purpose of doing any drill.
20. Organizers shall have to obtain all other required permissions from the authorities concerned.
21. Impose any other conditions as deem fit and necessary according to the ground reality.
22. It is made clear if any untoward incident or any issue with regard to law and order problem is created or the conditions violated, either by the participants or by the speakers in the procession/meeting. necessary action shall be taken in accordance with law.
2. All the COPs in Cities and SPs in Districts are here by instructed to sensitize the SHOs under their control in this regard and communicate this instructions to them for strict adherence. If any violation will be viewed seriously and appropriate disciplinary action should be initiated against the delinquent SHOs.
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3. Receipt of this circular memo should be acknowledged.”
9. After we reserved the orders in the present writ petition, the Executive Officer has filed his written instructions dated 25.11.2025 signed on 28.11.2025, in which he has not disputed the conduct of such dances, as found in the petitioner’s photographs and video recordings, but would only state that those objectionable dances were not performed within the temple premises. We are not satisfied with the report submitted by the Executive Officer and such report runs counter to the Monitoring Committee report dated 07.10.2025.
10.It is pertinent to mention here that, in the past, this Court has already took cognizance of the grievance raised by the petitioner, and has also passed various directions undoubtedly, the respondents are bound by those earlier directions. It is also relevant to mention here that there cannot be any separate writ petition to execute the earlier orders. While looking at the pen-drive and photographs submitted by the petitioner, we are of the prima facie view that the respondents are very much reluctant to implement the earlier orders of this Court, which conduct is not appreciable. Therefore, 18/21 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:20:30 pm ) WP(MD).No.26731 of 2025 we make it clear that the petitioner may take appropriate action to redress this position, if he chooses to do so.
11. With the above liberty, this Writ Petition stands disposed of. There shall be no order as to costs.
[A.S.M.J.,] & [C.K.J.,]
kmi 09.01.2026
NCC :Yes/No
Index :Yes/No
Speaking Order/Non-speaking order
Internet :Yes
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WP(MD).No.26731 of 2025
To
1. District Collector,
Thoothukudi District,
Thoothukudi - 628 101.
2. Superintendent of Police,
Thoothukudi District Police,
Thoothukudi - 628 101.
3. Superintendent of Police,
Tirunelveli District Police,
High Ground Road,
Palayamkottai, Tirunelveli - 627 011.
4. Joint Commissioner,
Hindu Religious Charitable Endowments Department, No.35/1A, West Car Street, Thoothukudi - 628 002.
5. Inspector of Police, Kulasekarapattinam Police Station, Kulasekarapattinam - 628 206, Thoothukudi District.
6. Executive Officer, Arulmigu Mutharamman Thirukovil, Hindu Religious Charitable Endowments Department, Kulasekarapattinam - 628 206, Thoothukudi District.
20/21https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:20:30 pm ) WP(MD).No.26731 of 2025 DR.ANITA SUMANTH, J.
AND C.KUMARAPPAN, J.
kmi Pre-Delivery Order made in WP(MD).No.26731 of 2025 09.01.2026 21/21 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 03:20:30 pm )