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1947 Supreme(Mad) 318

YAHYA ALI
K. Murugappa Mudaliar and others – Appellant
Versus
Kuppuswami Mudaliar and others – Respondent


Advocates Appeared:
K.V. Ramachandra Aiyar for Petitioners.
The Public Prosecutor (V.L. Ethiraj) for the Crown.
A. Viswanatha Aiyar and D.C. Krishnamurthy for Respondents.

Order.-

This is an application to revise an order under section 144, Criminal Procedure Code, made by the Stationary Sub-Magistrate, Conjeeveram in respect of the performance of Soorasamharam festival before the Mohambariamman Temple in Ayyampet, a suburb of Conjeeveram. The festival comes off on the 18th of this month and in view of the fact that the petitioners had been restrained by similar orders in the preceding years from performing the festival, they applied sufficiently early with a view to get orders from the Magistrate and if the orders went against them to obtain remedy by way of revision from this Court. The application was disposed of by the Magistrate on 9th October, 1947. He found on the basis of a report from the Circle Inspector of Police that if the petitioners are permitted to perform the festival first before the counter-petitioners, there may be breach of the peace. Consequently, the Magistrate passed orders under section 144, Criminal Procedure Code, fixing two different periods of time on 18th November, 1947, when either party should perform the festival at that place. The counter-petitioners’ party was to perform it first between 5-30 p.m. and 7 p.m. on that



















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