T.Kumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.03.2019 CORAM :
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos. 6271, 6273 and 6275 of 2019 T.Kumar
...Petitioner in
Crl.O.P.No.6271 of 2019 K.Loganathan
...Petitioner in
Crl.O.P.No.6273 of 2019 P.Parasuraman
...Petitioner in
Crl.O.P.No.6275 of 2019 Vs The Inspector of Police, Kadaladi Police Station, Kadaladi, Tiruvannamalai District.
...Respondent in
Crl.O.P.No.6271 of 2019 The Inspector of Police, Pallapatti Police Station, Pallapatti, Salem District.
...Respondent in
Crl.O.P.No.6273 of 2019 The Inspector of Police, Pallikonda Police Station, Pallikonda, Vellore District.
...Respondent in
Crl.O.P.No. 6275 of 2019 Common Prayer: Criminal Original Petitions are filed under Section 482 of Criminal Procedure Code, to direct the respondent authority to give police protection and permission to conduct Cultural Programme (Adal Padal Nigalchi) in the event of (i) Melcholankuppam Arulmigu Sree Poongavanathamman Temple Festival at Kalsapakkam Taluk, Tiruvannamalai District on 11.03.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 04.03.2019 (ii) Pallapatti Arulmigy Sree Mariamman Temple Festival at Saleem Taluk & District on 13.03.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 04.03.2019 (iii) Veppangal
Arulmigu Sree Mariamman Temple Festival at Anaikattu Taluk, Vellore District on 04.04.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 04.03.2019 respectively.
For Petitioners : Mr.A.Sathishkumar in all Crl.O.Ps For Respondents : Mr.C.Raghavan in all Crl.O.Ps Government Advocate (Criminal Side) C O M M O N O R D E R Seeking permission to conduct cultural programmes in the event of (i) Melcholankuppam Arulmigu Sree Poongavanathamman Temple Festival at Kalsapakkam Taluk, Tiruvannamalai District on 11.03.2019 (ii) Pallapatti Arulmigy Sree Mariamman Temple Festival at Saleem Taluk & District on 13.03.2019 (iii) Veppangal Arulmigu Sree Mariamman Temple Festival at Anaikattu Taluk, Vellore District on 04.04.2019 the petitioners made representation dated 04.03.2019 to the respondent. As the same has not been considered, the present Criminal Original petitions have been filed.
2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal Side) appearing for the respondents.
3. The learned Government Advocate(Criminal Side), 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, these petitions are allowed and the petitioners are permitted to conduct cultural programme in the event of (i) Melcholankuppam Arulmigu Sree Poongavanathamman Temple Festival at Kalsapakkam Taluk, Tiruvannamalai District on 11.03.2019 (ii) Pallapatti Arulmigy Sree Mariamman Temple Festival at Saleem Taluk & District on 13.03.2019 (iii) Veppangal Arulmigu Sree Mariamman Temple Festival at Anaikattu Taluk, Vellore District on 04.04.2019 however with the following conditions:- (a) The cultural programme in connection with the event of (i) Melcholankuppam Arulmigu Sree Poongavanathamman Temple Festival at Kalsapakkam Taluk, Tiruvannamalai District on 11.03.2019 (ii) Pallapatti Arulmigy Sree Mariamman Temple
Festival at Saleem Taluk & District on 13.03.2019 (iii) Veppangal Arulmigu Sree Mariamman Temple Festival at Anaikattu Taluk, Vellore District on 04.04.2019 shall be conducted between 06.00 p.m. and 10.00 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 functions 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. ssr/at Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To
1. The Inspector of Police, Kadaladi Police Station, Kadaladi, Tiruvannamalai District.
2. The Inspector of Police, Pallapatti Police Station, Pallapatti, Salem District.
3. The Inspector of Police, Pallikonda Police Station, Pallikonda, Vellore District.
4. The Public Prosecutor, High Court, Madras.
+3cc to Mr.A.Sathish Kumar, Advocate, SR.NO.22170, 22171 &22172/19 Crl.O.P.Nos. 6271, 6273 and kak(08/03/2019)