Madras High Court
Vijayaraman vs / on 13 October, 2022
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
WP(MD)No.23551 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.(MD)No.23551 of 2022
Vijayaraman ... Petitioner
/vs./
1. The Deputy Superintendent of Police
Usilampatti, Madurai District
2. The Inspector of Police
Usilampatti 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 Pongal Thiruvizha festival followed by
cultural programs including the dance program (Adal Padal) schedule to be at
06.00 P.M. on 15.10.2022 at Arulmigu Manthaiyamman Thirukovil at
Annamarpatti, Usilampatti Taluk, Madurai.
For Petitioner : Mr.S.Sasikumar
For Respondents : Mr.R.Sivakumar
Government Advocate(Crl.Side)
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WP(MD)No.23551 of 2022
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 Pongal Thiruvizha at Arulmigu Manthaiyamman Thirukovil at Annamarpatti, Usilampatti Taluk, Madurai.
2.The learned Government Advocate(Crl.Side) 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 Government Advocate(Crl.Side) 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 WP(MD)No.23551 of 2022
5.The learned Government Advocate(Crl.Side) 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.
6.In view of the submission made by the learned Government Advocate(Crl.Side), 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 WP(MD)No.23551 of 2022
i) If there is any violation of any of the conditions imposed, the the Station House Officer concerned is at liberty to take necessary action, as per law and stop such performance.
No costs.
13.10.2022 Index : Yes / No Internet : Yes / No aav Note: Issue Order Copy on 13.10.2022.
TO:
1. The Deputy Superintendent of Police Usilampatti, Madurai District
2. The Inspector of Police Usilampatti Police Station, Madurai District
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.5/6
https://www.mhc.tn.gov.in/judis WP(MD)No.23551 of 2022 SATHI KUMAR SUKUMARA KURUP, J.
aav W.P.(MD)No.23551 of 2022 13.10.2022 6/6 https://www.mhc.tn.gov.in/judis