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Madras High Court

Logaraja vs / on 11 October, 2022

Author: Sathi Kumar Sukumara Kurup

Bench: Sathi Kumar Sukumara Kurup

                                                                           WP(MD)No23409 of 2022

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 11.10.2022

                                                    CORAM:

                       THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                            W.P.(MD)No.23409 of 2022

                 Logaraja                                              ... Petitioner

                                                       /vs./


                 1.The Deputy Superintendent of Police,
                   Thirumangalam,
                   Madurai District.

                 2.The Inspector of Police,
                   Sindupatti Police Station,
                   Madurai District.                                   ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the second Respondent and request him
                 to grant permission for conducting Maha Urtchava Thiruvizha festival allowed by
                 cultural programs including the dance program (Adal Padal) schedule to be at
                 06.00 p.m., on 12.10.2022 at Arulmigu Muthalamman Thirukovil at Santhaippatti,
                 Vagurani, Usilampatti Taluk, Madurai District.




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https://www.mhc.tn.gov.in/judis
                                                                                WP(MD)No23409 of 2022

                                  For Petitioner   :    Mr.S.Sasikumar
                                  For Respondents :     Mr.R.Sivakumar
                                                       Government Advocate


                                                           ORDER

The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the Respondents to give permission to conduct a cultural program (Adal Padal) scheduled to be held on 12.10.2022 in connection with Maha Urtchava Thiruvizha festival at Arulmigu Muthalamman Thirukovil in Santhaippatti, Vagurani, Usilampatti Taluk, Madurai District.

2.Heard the learned Counsel for the Petitioner and the learned Government Advocate for the Respondents, who takes notice for the Respondents. By consent, the Writ Petition itself is taken up for final disposal.

3.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 further submit that the festival falls tomorrow, 12.10.2022. 2/6 https://www.mhc.tn.gov.in/judis WP(MD)No23409 of 2022

4.The learned Government Advocate 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 further submit that there is no complaint/objection regarding the representation given by the Petitioner.

5.In view of the submission made by the learned Government Advocate, 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 for 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;
c) No dance or song, touching upon the conduct of any political party or 3/6 https://www.mhc.tn.gov.in/judis WP(MD)No23409 of 2022 community or caste be played;
d) No flex boards in support of any political party or religious leader or caste leaders 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;
i) If there is any violation of any of the conditions imposed, the S.H.O. of the Police Station concerned is at liberty to take necessary action, as per law and stop such performance.

No costs.

11.10.2022 Index : Yes / No Internet : Yes / No mm Note: Issue Order Copy on 11.10.2022.

4/6 https://www.mhc.tn.gov.in/judis WP(MD)No23409 of 2022 TO:

1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.
2.The Inspector of Police, Sindupatti Police Station, Madurai District.
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https://www.mhc.tn.gov.in/judis WP(MD)No23409 of 2022 SATHI KUMAR SUKUMARA KURUP, J.

mm Order made in W.P.(MD)No.23409 of 2022 Dated:

11.10.2022 6/6 https://www.mhc.tn.gov.in/judis