P.Kathirvel v. The Superintendent Of Police(S.P)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.02.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.4001 of 2020 P.Kathirvel ... Petitioner Vs.
1. The Superintendent of Police (S.P), Villupuram District, Villupuram.
2. The Deputy Superintendent of Police(D.S.P), Gingee Taluk, Villupuram District.
3. The Sub-Inspector of Police (S.P) Avalurpet Police Station, Villupuram District. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to grant permission to perform the program of "Adal Padal Devotional Light Music" on 24.02.2020 at about 6.pm to 10.pm at Sri Muthalamman Temple" Festival is situate at Avalurpet Village, Melmalayanur Taluk, Villupuram District and to provide adequate police protection based on the petitioner's representation dated on 19.02.2019.
For Petitioner : Mr.T.V.C.Kartheeban For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
O R D E R
This petition has been filed to issue direction to the third respondent police to give the Bandobust for permission to conduct the cultural programme on 24.02.2020 in the event of "Sri Muthalamman Temple Festival" which is situated at Avalurpet Village, Melmalayanur Taluk, Villupuram District based on the petitioner's representation dated 19.02.2020.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. The learned Additional Public Prosecutor, 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, the petitioner is permitted to conduct cultural programme in the event of " Sri Muthalamman Temple Festival" situated at Avalurpet Village, Melmalayanur Taluk, Villupuram District on 24.02.2020, however with the following conditions:- (a) The aforesaid cultural programme shall be conducted on 24.02.2020 from 06.00 p.m. to 11.00 p.m only. (b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondent police towards police protection.
(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (d) Double meaning songs should not be played so as to spoil the minds of students and youths.
(e) No dance or songs, touching upon any political party or religion or community or caste shall be played. (f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(h) 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 (i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (j) The second respondent is directed to issue necessary permission, incorporating the above conditions. 5.With the above directions, this Criminal Original Petition stands allowed.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Vv
To
1. The Superintendent of Police (S.P), Villupuram District, Villupuram.
2. The Deputy Superintendent of Police(D.S.P), Gingee Taluk, Villupuram District.
3. The Sub-Inspector of Police (S.P) Avalurpet Police Station, Villupuram District.
4. The Public Prosecutor, Madras High Court, Chennai.
+1cc to Mr.T.V.C.Kartheeban , Advocate SR.No. 15425 CRL.O.P.No.4001 of 2020 A.SK(24/02/2020)