ORDER :

U. Durga Prasad Rao, J.

1. The case of the petitioner is that on the eve of festival of Goddess Sri Maremma and Poleramma Amma Varlu, to be held once in every five years, from 06.02.2020 to 10.02.2020 in Kavitam Village of West Godavari District, the petitioner, which is the Jatara Utsava Committee, a registered association, has decided to conduct certain religious, customary and cultural programmes in the said Jatara from 06.02.2020 to 10.02.2020; which includes Buttabommalu, Jillella Dance, Garagalu and Kalika Procession by beating drums and through customary dances, musical nights in all the streets at appropriate places in Kavitam village. Added to it, for performing the religious and auspicious ceremonies, and conducting cultural programmes, the permission on the 3rd respondent is necessary. The committee has addressed letter dated 20.01.2020 to the 3rd respondent and submitted copies to the respondents 4 and 5, but no permission is accorded so far. It is, thus, prayed for a direction to the respondents 1 to 5 to accord permission for conducting Jatara.

2. The 5th respondent filed counter opposing the writ petition. The main apprehension of the 5th respondent is that in the concerned village, three major communities i.e., Reddy, Setti Balija and Turpu Kapu are conducting the Jatara/Carnival and each community will try to muster strength and dominate the festival and thereby, law and order problem may occur. Further, if permission to conduct customary and cultural activities etc., is accorded, the same may be misused to conduct half naked and nude dances with women and hijra persons, which will result in breach of security and peace and also violation of the law. There is a possibility of traffic jam resulting in petty thefts etc. On these apprehension, the 5th respondent prayed for dismissal of the writ petition.

3. Heard learned counsel for petitioner, Sri Medapati Santosh Reddy, learned Government Pleader for Home representing on behalf of respondents 1 to 5 and Sri I. Koti Reddy, learned standing counsel representing on behalf of 6th respondent.

4. Learned counsel for petitioner would submit that never in the previous history of the Kavitam village, any untoward incident as apprehended by the respondents, had occurred and no crime was registered so far and therefore, the apprehension of the 5th respondent is only a mere assumption. However, to ensure that the entire festival is held in a peaceful, courteous and cordial manner without any untoward incidents and obscene programmes, the petitioner committee will take all possible steps and cooperative with the police department if permission is accorded. He would submit that to ensure that the cultural programmes are not conducted in a sleazy and obscene manner, the police authorities may video-graph the concerned programmes at the expense of the petitioner committee and submit to the Court. He thus prayed to grant permission. Learned counsel would further submit that in similar circumstances in Perumal v. The Superintendent of Police, Pudukkottal and others W.P. (MD) No. 4786 of 2019, dated 01.03.2019, Madhurai Bench of Madras High Court has granted permission on certain conditions.

5. Learned standing counsel for 6th respondent, on written instructions, would submit that the Jatara for the local goddess has been conducted since decades and never in the yore, any untoward incident was occurred. Villagers of all the communities used to conduct the Jatara in a friendly and festive mood and hence, 6th respondent has no objection for conducting the festivals as proposed by the petitioner committee. Learned Government Pleader has also submitted his arguments in similar manner.

6. As can be seen from the counter averments, the main apprehension of the respondents 1 to 5 is that since the Jatara will be performed once in every five years in a grand manner, the concerned community people may try to establish their domination during the festival, which may lead to some law and o