P.Karuppaswamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2926 of 2019 P.Karuppaswamy .. Petitioner Vs

1. The Superintendent of Police, Erode District, Erode

2. The Inspector of Police, Veerappan Chathiram Police Station, Erode, Erode District .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue direction to the second respondent to give TO GIVE THE BANDOBUST for permission to conduct the cultural programme on 06.02.2019 in the event of Arulmighu Sri Mariamman Koil, Pachapali Medu, Kani Rowthar Kulam, Erode based on the petitioner's representation dated 29.01.2019.

For Petitioner : Mr.R.Gopinath For Respondents: Mr.T.Shunmugarajeswaran Government Advocate

O R D E R

Seeking permission to conduct cultural programme in the event of Arulmighu Sri Mariamman Koil temple festival at Pachapali Medu, Kani Rowthar Kulam, Erode at Salem Taluk & District, the petitioner made a representation dated 29.01.2019 to the second respondent. As the same has not been considered, the present Criminal Original petition has been filed.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. Learned Government Advocate, on instructions, would submit that there is likelihood of arising law and order problem.

4. A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter, this petition is allowed and the petitioner is permitted to conduct cultural programme in the event of Arulmighu Sri https://hcservices.ecourts.gov.in/hcservices/

Mariamman Koil temple festival at Pachapali Medu, Kani Rowthar Kulam, Erode at Salem Taluk & District however with the following conditions:- (a) The cultural programme in connection with the event of Arulmighu Sri Mariamman Koil temple festival at Pachapali Medu, Kani Rowthar Kulam, Erode at Salem Taluk & District shall be conducted on 06.02.2019 between 06.00 p.m. and 11.00 p.m. (b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (c) Double meaning songs should not be played so as to spoil the minds of students and youths.

(d) No dance or songs, touching upon any political party or religion or community or caste shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(g) 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 (h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (i) The respondents are directed to issue necessary permission, incorporating the above conditions. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar lok To

1. The Superintendent of Police, Erode District, Erode 2.The Inspector of Police, Veerappan Chathiram Police Station, Erode, Erode District

3. The Government Advocate, High Court of Madras +1cc to Mr.R.Gopinath, Advocate, S.R.No.9582 Crl.O.P.No.2926 of 2019 BS(CO) rrs 05/02/2019 https://hcservices.ecourts.gov.in/hcservices/