WP(MD)/25047/2016 of MURUGESAN Vs THE INSPECTOR OF POLICE on 29 December 2016

O R D E R

The writ petition has been filed for issuance of a Writof Mandamus, directing the respondent to grant permission andprotection for cultural event, namely, “Innisai Katcheri”scheduled to be held on 10.01.2017 and 11.01.2017 at night inconnection with the “Markali Urchava Thiruvizha” in Arulmighu SriTherukku Mariamman Kovil, at Rayagiri Village, Sivagiri Taluk,TirunelveliDistrictbyconsideringthepetitioner'srepresentation dated 20.12.2016.

2. Mr.K.P.Krishna Doss, learned Government Advocate,takes notice for the respondents. By consent, the writ petitionitself is taken up for final disposal.

3. Heard the learned counsel appearing for the petitionerand the learned Government Advocate appearing for the respondents.https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel appearing for the petitioner wouldsubmit that the programme is being conducted by the villagers regularly in order to promote harmony during the above saidfestival period; that a representation was given to therespondent, but, however, the same was not considered by therespondent so far and hence, the petitioner is before this Courtwith this writ petition. The learned counsel appearing for thepetitioner would further submit that as the aforesaid festival iscelebrated in a peaceful manner by the villagers, there will be nountoward incident on account of this celebration.

5. The learned Government Advocate appearing for therespondents, on instructions, would submit that the permissionsought for by the petitioner may be granted with appropriate andstringent conditions for maintaining law and order and also toavoid any untoward incident during performance of such programme.

6. Accordingly, in view of the submission made by thelearned Government Advocate, the Writ Petition is disposed of withthe direction to the respondent police to accord permission to thepetitioner to conduct "Innisai Katcheri" Programme in connectionwith the temple festival of “Markali Urchava Thiruvizha” inArulmighu Sri Therukku Mariamman Kovil, at Rayagiri Village,Sivagiri Taluk, Tirunelveli District scheduled to be held on10.01.2017 and 11.01.2017 between 07.00 p.m. to 11.00 p.m. byincorporating the following conditions:-(a) Obscene dance / songs / vulgar dialogues should beavoided during the programme;(b) Songs conveying obscene double meaning should not beplayed in order to avoid awkwardness;(c) No dance or songs, touching upon the conduct of anypolitical party or community or caste be played;(d)No flex boards in support of any political party orreligious leader be erected; (e)The programme shall be conducted without showing anydiscrimination based on caste / community etc., and it shall beensured that it is towards promoting communal harmony;(f)the participants of the programme shall not intake anykind of intoxicating substance or liquor during the programme; (g)In respect of untoward incident occurring, the organizersof the programme be responsible for the same; (h) If there is any violation of any of the conditionsimposed, the concerned Police Officer is at liberty to takenecessary action, as per law and stop such performance.No Costs.

Sd/Assistant Registrar

/TRUE COPY/

https://hcservices.ecourts.gov.in/hcservices/

Sub Assistant Registrar

3

trp/pjl

To

The Inspector of Police,

Sivagiri Police Station,Tirunelveli District.Tirunelveli District.

+1cc to M/s.V.Ramalingam, Advocate, in SR No.83740.

+1cc to Special Government Pleader in SR.No.83838.

msm-mpa-em-sar2/02.01.17/p3/4c

W.P(MD)No.25047 of 201629.12.2016