Murugan v. The Superintendent of Police

O R D E R [Order of the Court was made by P.T.Asha, J.] This writ petition has been filed challenging the order passed by the third respondent dated 16.05.2023 in and by which the third respondent refused to grant permission to the petitioner to conduct cultural program (Adal Padal) during the Kodai Thiruvizha of Arumighu Sri Kaliamman and Sri Vairavar Temple, Ilayarasanenthal, Kovilpatti Taluk, Thoothukudi District.

¶2In the impugned order, the third respondent has merely stated that the perusal of the request for permission would show that there is a possibility of there being a communal clash. In the representation dated 13.05.2023, the petitioner has only stated as follows: ",jdbapy; fz;l jhq;fs; J}j;Jf;Fb khtl;lk; jhYfh ,isaurNde;jy; fpuhkj;jpy; cs;s NjNte;jpu Fy Ntshshu;

rKjahj;jpw;F

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mUs;kpF =fhspak;kd; kw;Wk; itutu; jpUf;Nfhtpy; itfhrp khj nfhil tpoh 29.05.23 k; Njjp Kjy; 01.06.2023 k; Njjp tiu ehd;F ehl;fs; elj;j KbT nra;Js;sjhfTk; 29.05.23 k; Njjp Kjy; 01.06.2023 Njjp tiu Nkw;gb jpUtpohtpd;NghJ Mly; ghly; cs;spl;l fiy epfo;r;rpfs; elj;j mDkjp Ntz;b jghypy; kD mDg;gpAs;sPu;fs;. jq;fsJ kDtpid ghprPyid nra;jjpy; Mly; ghly; epfor;rpf;F mDkjp toq;Fk; gl;rj;jpy; rhjp kw;Wk; rKjha uPjpayhd Nkhjy;fs; Vw;gl;L rl;lk; xOq;F gpur;rid Vw;gl tha;g;Gs;sjhy; jhq;fs; jghypy; tpz;zg;gpj;Js;s Mly; ghly; epfo;r;rpf;F mDkjp kWf;fg;gLfpwJ."

¶3We are unable to comprehend as to how from this representation, the third respondent had deduced that there is a possibility of a communal clash. The reason given for the rejection appears to be totally misconceived and consequently, the impugned rejection order dated 16.05.2023 is set aside. Accordingly, this Writ Petition is allowed and the petitioner is permitted to conduct the cultural event (Adal Padal) by adhering the following directions:

(a) The organisers, who shall be the responsible members of the festival committee, shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted;

(b)The program shall not extend beyond 10 p.m.;

(c) No women participating in the cultural program would be depicted or portrayed in an obscene or undignified manner either in the form of clothing or otherwise;

(d)The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played; and

(e) There shall be no supply of alcohol or any intoxicating material in and around the area where cultural program is scheduled to be held. No costs. Consequently, connected miscellaneous petition is closed.

[M.S.R., J.] [P.T.A., J.]

24.05.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

3.The Sub-Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District. W.P.(MD)oNo.12395oofo2023 oM.S.RAMESHoo,oJo. and P.T.ASHA,oJ. abr W.P.(MD)oNo.12395oofo2023

24.05.2023 Pageo6oofo6

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.05.2023 CORAM: THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) No.10519 of 2023 Murugan ... Petitioner -vs- 1.The Superintendent of Police, Thoothukudi District, Thoothukudi. 2.The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District. 3.The Sub-Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the third respondent dated 16.05.2023 and quash the same as illegal and consequentially directing respondents to grant permission and necessary protection to perform Cultural Programs from 29.05.2023 to 01.06.2023 on the eve of Sri Kaliyamman and Bairavar Temple Kodai Thiruvizha, Ilayarasanenthal, Kovilpatti Taluk. For Petitioner : Mr.S.Saravanan For Respondents : Mr.M.Lingadurai Special Government Pleader