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2022 DIGILAW 532 (AP)

Kethavathu Vasram Naik v. State of Andhra Pradesh

2022-06-11

VENKATESWARLU NIMMAGADDA

body2022
JUDGMENT Venkateswarlu Nimmagadda, J. - Heard learned counsel for the petitioner and the learned assistant Government Pleader for Home for the respondent-State. 2. Learned counsel for the petitioner submitted that the petitioner made an application on 07.06.2022, seeking permission for conducting Orchestra for small programs on the eve of Poleramma Thalli Tirunallu and also paid requisite fees for such permission vide receipt dated 07.06.2022. She also submitted that the petitioner herein along with other village elders have submitted an undertaking and self bond that they are responsible for any undo violence or unlawful things which may happen in the due course of Thiranallu. accordingly, they requested for grant of permission. She further stated that this Thirunallu is going on since two decades without any problem of law and order and without any violation of law as well as the unlawful incidents, more over assurance was given by the petitioner by way of undertaking and self bond along with the application and the petitioner shall abide by their undertaking and bond. Hence, it is a fit case to direct the police to grant permission by imposing scrupulous conditions as suggested by the learned Government Pleader. 3. On the other hand, Sri Nirmal Kumar, the learned assistant Government Pleader for Home submitted that permission in respect of loud speakers as well as Electric Prabha is not a problem, but, the problem is coming in that area only because of obscene dances being conducting at late hours which leads to law and order problem and group quarrels between the villagers. That is why, the respondents are apprehending in granting permission. But as far as conducting of Thirunallu, which is a custom of the local people on the eve of local goddess to conduct such festival can be allowed only upto certain time with limited loud speakers and Electrical Prabha and not to allow any obscene dances at late hours. 4. In view of the submissions made by both the counsels, the Writ Petition can be disposed of, directing respondent Nos.2 to 4 herein to grant permission by permitting the petitioner to conduct festival of Poleramma Thalli Thirunallu with limited number of loud speakers and Electric Prabha till 12:30 a.M. only on 13.06.2022 and also directed to mention in the permission not to conduct any obscene dances and shall obtain a specific undertaking, if necessary, regarding that. The respondent-Police is permitted to initiate proceedings, if any undo incidents and unlawful things were happened pursuant to the undertaking and self bond submitted by the petitioner herein. The learned assistant Government Pleader is directed to intimate the same to the respondents in respect of the order of this Court. There shall be no order as to costs. 5. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.