Madras High Court
P.Sundarajan vs / on 7 September, 2022
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
WP(MD)No21314 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.(MD)No.21314 of 2022
P.Sundarajan ... Petitioner
/vs./
1.The Deputy Superintendent of Police,
Manapparai Circle,
Trichy District.
2.The Sub Inspector of Police,
Vaiyampatti Police Station,
Vaiyampatti,
Trichy District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the 2nd Respondent to grant permission
for conducting “Utchava Thiruvizha” festival grant permission and necessary
protection to perform the cultural programs including the dance program (Adal
Padal) on 08.09.2022 at Sri Jenaka Mariamman Thirukovil at Inamreddiyarpatti
Village, Manapparai Taluk, Trichy District.
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WP(MD)No21314 of 2022
For Petitioner : Mr.K.Srinivasaragavan
For Respondents : Mr.R.Meenakshi Sundaram
Additional Public Prosecutor
ORDER
The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the Respondent/s to give permission to conduct a cultural program (Adal Padal) scheduled to be held on 08.09.2022 in connection with Utchava Thiruvizha festival at Sri Jenaka Mariamman Thirukovil, in Inamreddiyarpatti Village, Manapparai Taluk, Trichy District.
2.The learned Additional Public Prosecutor takes notice for the Respondent/s. By consent, the Writ Petition itself is taken up for final disposal.
3.Heard the learned Counsel for the Petitioner and the learned Additional Public Prosecutor appearing for the Respondent/s. 2/6 https://www.mhc.tn.gov.in/judis WP(MD)No21314 of 2022
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.
5.The learned Additional Public Prosecutor appearing for the Respondent/s, 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.In view of the submission made by the learned Additional Public Prosecutor, the Writ Petition is disposed of, with a direction to the Respondent/s 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:
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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 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 4/6 https://www.mhc.tn.gov.in/judis WP(MD)No21314 of 2022 stop such performance.
No costs.
07.09.2022 Index : Yes / No Internet : Yes / No sm Note: Issue Order Copy on 07.09.2022.
TO:
1.The Deputy Superintendent of Police, Manapparai Circle, Trichy District.
2.The Sub Inspector of Police, Vaiyampatti Police Station, Vaiyampatti, Trichy District.
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Sm Order made in W.P.(MD)No.21314 of 2022 Dated:
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