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2020 DIGILAW 105 (AP)

Maremma Poleramma Varla Jathara Utsava Committee v. State of Andhra Pradesh

2020-02-07

U.DURGA PRASAD RAO

body2020
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. 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 order problem. Apart from it, during the cultural shows, some obscene programmes may be arranged, which also result in law and order problem. 7. However, it is the combined submission of Cohorts that no such instances have ever occurred in the past and the petitioner will take every step to see that the festival is conducted in a friendly manner without causing any law and order problem and cultural shows will be arranged to provide clean and neat entertainment without organizing any obscene shows. However, it is the combined submission of Cohorts that no such instances have ever occurred in the past and the petitioner will take every step to see that the festival is conducted in a friendly manner without causing any law and order problem and cultural shows will be arranged to provide clean and neat entertainment without organizing any obscene shows. In Perumal's case W.P. (MD) No. 4786 of 2019 (supra), the Madhurai Bench of Madras High Court, in similar circumstances, having regard to the apprehension of the police therein, granted permission to conduct cultural programmes with certain directions. 8. I am of the view that in the instant case also having regard to the assurance of learned counsel for petitioner as well as learned standing counsel for 6th respondent, a direction can be given to the respondents 1 to 5 to grant permission on certain conditions. 9. Accordingly, this writ petition is allowed directing the 3rd respondent to consider the representation dated 20.01.2020 of the petitioner committee and accord permission and provide necessary police protection for the cultural and other programmes that are being conducted during the Jatara festival of goddess Sri Maremma and Poleramma Amma Varlu in Kavitam Village from 06.02.2020 to 10.02.2020 on the following conditions: (a) The petitioner committee shall take all stringent and necessary steps so that no obscene dances or vulgar programmes are being staged and performed during the course of Utsavam. (b) The 3rd respondent shall take steps to video-graph the programmes at the expense of the petitioner committee and if he finds any obscene programmes are conducted, he can submit a report to the court for taking action against the concerned persons for contempt of the court order. (c) No dance or songs, touching upon any political party or religion or community or caste shall be played. (d) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (e) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and (f) The petitioner committee shall furnish a letter of undertaking to the 3rd respondent that they will strictly adhere to the above conditions. As a sequel, miscellaneous applications pending to consideration, if any, shall stand closed. No costs.