Madras High CourtCRL OP/3139/2020disposed of

K.Gopi v. State By The Superintendent Of Police

2020-02-17Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2020

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM CRL.O.P.No.3139 of 2020 K.Gopi ....Petitioner Vs.

1.State by the Superintendent of Police Ranipet District.

2.The Inspector of Police Kalavai Police Station Ranipet District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction to the respondents to give permission to conduct the Orchestra and Cultural Programs on the 1st Birthday Function of the petitioner's son G.Kowshik on 18.02.2020 at Vembi House near Vembi Colony on the basis of the petitioner's representation dated 01.02.2020.

For Petitioner : Mr.M.Durai Murugan For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents to give permission to conduct the Orchestra and Cultural Programs on the 1st Birthday Function of the petitioner's son G.Kowshik on 18.02.2020 at Vembi House near Vembi Colony.

2. The learned counsel for the petitioner submitted that the petitioner is residing in Door No.53/4, Othavadi Street, Vembi Village, Ranipet. She further submitted that the petitioner and his family members have decided to celebrate the 1st Birthday Function of the petitioner's son G.Kowshik on 18.02.2020. In order to celebrate the said Birthday party in a grand manner, he 1/4

is organizing cultural programs and Orchestra on the same day.

3. She further submitted that the petitioner undertakes to conduct the said program in a peaceful manner and without creating any law and order problem and also without causing nuisance to the public. She further submitted that the petitioner proposed to conduct the Birthday function and cultural programs etc., in his own patta land and hence the petitioner has submitted a representation before the second respondent on 01.02.2020 seeking permission, but sofar, the second respondent has not granted any permission and hence, she requests to direct the second respondent to give permission to celebrate the 1st Birthday function of his son from 6.00 P.M. to 10.00 P.M. on 18.02.2020.

4. Per contra, the learned Additional Public Prosecutor has submitted that if the petitioner wants to celebrate his son's Birthday function within his patta land, he need not seek any permission from the police.

5. As submitted by the learned Additional Public Prosecutor, if the petitioner wants to celebrate his son's Birthday function in his patta land, he need not seek any permission from the Police. There is no bar for celebrating functions within his patta land without violating any law.

6. With the aforesaid observations, this Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dna To 1.The Superintendent of Police Ranipet District.

2.The Inspector of Police Kalavai Police Station Ranipet District.

2/4

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Durai Murugan, Advocate sr.12752 CRL.O.P.No.3139 of 2020 ks(co) nr 17/02/2020 3/4