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2024 Supreme(Online)(MAD) 42708
HIGH COURT OF MADRAS
MR.JUSTICE M. NIRMAL KUMAR, J
T.Justus – Appellant
Versus
The Superintendent of Police – Respondent
W.P.(MD)No.30858 of 2024
Mr.Punitha Deva Kumar for Petitioner, Mr.A.Thiruvadikumar Additional Public Prosecutor for Respondents
The court upheld the right to assemble for community celebrations while ensuring compliance with public order and safety regulations.
Headnote:(A) Fundamental Rights - Right to assemble and celebrate festivals - The petitioner sought permission to conduct a community festival, emphasizing the right to gather and celebrate as per previous orders. The court recognized the importance of inclusiveness in community celebrations and directed the police to ensure security while limiting religious activities. (Paras 1, 2, 3, 5)
(B) Administrative Directions - The court directed the Deputy Superintendent of Police to oversee the festival, ensuring it aligns with charitable activities and does not disturb public peace. (Paras 3, 5)
Facts of the case:
The petitioner, Vice President of Mankadu Christian Association, sought permission to celebrate Christmas by distributing gifts to the community, citing previous successful celebrations under court orders.
Findings of Court:
The court allowed the festival to proceed with conditions to ensure public order and safety, emphasizing the need for community service over religious activities.
Issues: The main issue was the balance between the right to celebrate and the need for public order during the festival.
Ratio Decidendi: The court affirmed the right to gather for community celebrations while imposing necessary restrictions to maintain peace and order.
Result: Writ Petition stands disposed of.
| Table of Content |
|---|
| 1. petitioner's right to celebrate (Para 2) |
| 2. previous year's celebration (Para 3) |
| 3. petitioner's readiness to conduct (Para 4) |
| 4. festival to be conducted (Para 5 , 6) |
ORDER
The Writ Petition has been filed to direct the second respondent to second respondent to give the permission to celebrate the same function as per the direction of W.P.(MD).No. 31116 of 2023 dated 22.12.2023 for the 7th Annual. This time we need a Mic and two speaker box, since giving gifts to the poor people in their locality that is to be held in compounded wall.
2. The petitioner Vice President of Mankadu Christian Association who is doing social and religious service in the area for the past seven years is conducting welfare and community service every year on the eve of Christmas. This year he intends to conduct christamas day celebration on 21.12.2024 and 22.12.2024 at the same venue as held in the previous year. The petitioner gave an application on 09.12.202 4 but till date no orders have been passed on the request of the petitioner. It is the fundamental right of the petitioner and every member of the society to have gathering and also celebrate their festival in any manner they wish. Here in this case the festival is primarily to distribute sweets and presents to the general public to show inclusiveness in the festival. During last year since the same continues no orders have been passed on the petitioner's request. One Rajesh filed a Writ Petition before this Court in W.P(MD) No.30586 of 2023, wherein the petitioner herein was arrayed a fifth respondent and this Court by an order dated 22.12.2023 allowed the petition direcing the petitioner to do only charitable activities to be conducted along with th e conditions of the revenue authorities and also peace committee meeting was convened. Thereafter the function was conducted in a grand manner participation with one and all in the society, on similar condition this year also the permission may be granted.
3. The learned Additional Public Prosecutor submitted that during previous year also festival was celebrated pursuant to the order passed by this Court in W.P(MD) No. 30586 of 2023. The Sub Collector, Padmanabhapuram has issued Na.Ka.No.A2/8146 of 2024 dated 11.12.2023. and directed the Deputy Superintendent of Police, Colachel to oversee the security arrangement and conduct the temple festival. This year also on the similar lines the police can permit the petitioner to conduct the festival but not any religious activities, with a limited use of microphone and speakers and not causing any disturbance to others they can conduct festival.
4. The learned counsel appearing for the petitioner on instructions submitted the petitioner is ready to conduct the function on 22.12.2024 from 10.00 am., to 01.00 p.m.,
5. Recording the same, the petitioner is directed to conduct the festival on 22.12.2024 from 10.00 am., to 01.00 p.m.,and the Deputy Superintendent of Police, Marthandam to form a special team and provide adequate security ensure that the petitioner conduct the festival in consensus with their charitable activity and not relating to any religious functions as per previous year
6. With the above direction, the Writ Petition stands disposed of.
No costs.
20.12.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No aav Note: Issue order copy on 20.12.2024 To
2. The Deputy Superintendent of Police Marthandam
3. The Inspector of Police Nithiravilai Police Station Kanyakumari District
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
