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Madras High CourtCRL OP/7670/2019allowed

K.Govindan v. The Inspector Of Police

2019-03-22Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos. 7670, 7672, 7673, 7674 & 7676 of 2019 K.Govindan .. Petitioner in Crl.O.P.No.7670 of 2019 N.Jaganathan .. Petitioner in Crl.O.P.No.7672 of 2019 M.Elavarasan .. Petitioner in Crl.O.P.No.7673 of 2019 E.Prbakaran .. Petitioner in Crl.O.P.No.7674 of 2019 M.Pannerselvam .. Petitioner in Crl.O.P.No.7676 of 2019 Vs The Inspector of Police, Mecheri Police Station, Mecheri, Salem District.

.. Respondents in Crl.O.P.No.7670 of 2019 The Inspector of Police, Yethappur Police Station, Yethappur, Salem District.

.. Respondents in Crl.O.P.No.7672 of 2019 The Inspector of Police, Thevur Police Station, Thevur, Salem District.

.. Respondents in Crl.O.P.No.7673 of 2019 The Inspector of Police, Mallasamuthiram Police Station, Mallasamuthiram, .. Respondents in Crl.O.P.No.7674 of 2019

The Inspector of Police, Rasipuram Police Station, Rasipuram Taluk, .. Respondents in Crl.O.P.No.7676 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) Puligundur Amaran Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District on 04.04.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 18.03.2019 (ii) Idaiyapatti Village, Vilavannur Arulmigu Sree Ganapathi, Samundeswariamman & Karuppusamy Temple Kumbabishekam Festival at P.N.Palayam Taluk, Salem District on 06.04.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 18.03.

2019 (iii) Puliyampatti, Melvalavu Arulmigu Sree Mariamman Temple Festival at Sankagiri Taluk, Salem District on 11.04.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 18.03.2019 (iv) Mallasamuthiram Arulmigu Sree Chinna Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District on 13.04.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 18.03.2019 (v) Rasipuram, Sivanandha Salai Arulmigu Sree Yellai Mariamman Temple Festival at Rasipuram Taluk, Namakkal District on 30.05.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 18.03.2019 respectively. For Petitioners : Mr.A.Sathishkumar in all Crl.Ops For Respondents : Mr.C.Raghavan Government Advocate (Criminal Side) in all Crl.

Ops C O M M O N O R D E R Seeking permission to conduct cultural programmes in the event of (i) Puligundur Amaran Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District on 04.04.2019 (ii) Idaiyapatti Village, Vilavannur Arulmigu Sree Ganapathi, Samundeswariamman & Karuppusamy Temple Kumbabishekam Festival at P.N.Palayam Taluk, Salem District on 06.04.2019 (iii) Puliyampatti, Melvalavu Arulmigu Sree Mariamman Temple Festival at Sankagiri Taluk, Salem District on 11.04.

Mallasamuthiram Arulmigu Sree Chinna Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District on 13.04.2019 (v) Rasipuram, Sivanandha Salai Arulmigu Sree Yellai Mariamman Temple Festival at Rasipuram Taluk, Namakkal District on 30.05.2019 the petitioners made representation dated 18.03.2019 to the respondent. As the same has not been considered, the present Criminal Original petition 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) Puligundur Amaran Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District on 04.04.2019 (ii) Idaiyapatti Village, Vilavannur Arulmigu Sree Ganapathi, Samundeswariamman & Karuppusamy Temple Kumbabishekam Festival at P.N.Palayam Taluk, Salem District on 06.04.2019 (iii) Puliyampatti, Melvalavu Arulmigu Sree Mariamman Temple Festival at Sankagiri Taluk, Salem District on 11.04.

2019 (iv) Mallasamuthiram Arulmigu Sree Chinna Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District on 13.04.2019 (v) Rasipuram, Sivanandha Salai Arulmigu Sree Yellai Mariamman Temple Festival at Rasipuram Taluk, Namakkal District on 30.05.2019, however with the following conditions:- (a) The cultural programme in connection with the event of (i) Puligundur Amaran Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District on 04.04.2019 (ii) Idaiyapatti Village, Vilavannur Arulmigu Sree Ganapathi, Samundeswariamman & Karuppusamy Temple Kumbabishekam Festival at P.N.Palayam Taluk, Salem District on 06.04.2019 (iii) Puliyampatti, Melvalavu Arulmigu Sree Mariamman Temple Festival at Sankagiri Taluk, Salem District on 11.04.

2019 (iv) Mallasamuthiram Arulmigu Sree Chinna Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District on 13.04.2019 (v) Rasipuram, Sivanandha Salai Arulmigu Sree Yellai Mariamman Temple Festival at Rasipuram Taluk, Namakkal District on 30.05.2019 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 respondent is directed to issue necessary permission, incorporating the above conditions. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Mecheri Police Station, Mecheri, Salem District.

2. The Inspector of Police, Yethappur Police Station, Yethappur, Salem District.

3. The Inspector of Police, Thevur Police Station, Thevur, Salem District.

4. The Inspector of Police, Mallasamuthiram Police Station, Mallasamuthiram,

5. The Inspector of Police, Rasipuram Police Station, Rasipuram Taluk,

6. The Public Prosecutor, High Court, Madras.

+5cc to Mr.A.Sathish Kumar, Advocate sr.nos.27671 to 27674 & 27680 Crl.O.P.Nos. 7670, 7672, 7673, 7674 & 7676 of 2019 nr 25/03/2019