C.Venkatachalam v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7876 of 2019 1.C.Venkatachalam 2.Nattu Gounder @ Ponnuswamy Gounder 3.Periyannan @ Krishnan 4.Venkatesan 5.Arthanari .. Petitioners Vs.
The Inspector of Police, Theevattipatti Police Station, Kadayampatti Taluk, Salem District.
.. Respondent Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the respondent to grant permission and police protection in terms of RDO order dated 11.04.2008 for conducting festival from 26.03.2019 to 04.04.2019 at A/M.Mariamman Thirukoil, located Oomagoundampatti, Kanjanaicken Patti, Kadayampatti Taluk by considering the petitioner's representation dated 04.03.2019. For Petitioners : M/s M.Elango For Respondent : Mr.C.Raghavan Government Pleader (Crl. Side) -------
ORDER
This Criminal Original Petition has been filed by the petitioner seeking a direction directing the respondent to grant permission and police protection in terms of RDO order dated 11.04.2008 for conducting festival from 26.03.2019 to 04.04.2019 at A/M.Mariamman Thirukoil, located Oomagoundampatti, Kanjanaicken Patti, Kadayampatti Taluk, Salem District by considering the petitioner's representation dated 04.03.2019.
2. The petitioner averred that he along with the villages are belong to locate in Oomagoundampatti, Kanjanaicken Patti, Kadayampatti Taluk, Salem District and in their village, there is a temple called A/M.Mariamman Thirukoil. It is a rich heritage and ancient temple and for the past 10 years, they are celebrating kodai festival. During the temple festival, a cultural programme is being
conducted for the past 10 years in a peaceful manner without any law and order problem. Likewise, in this year also, A/M.Mariamman Thirukoil festival is scheduled for ten days and there is a proposal to conduct from 26.03.2019 to 04.04.2019 10 days at about 06.00 P.M. to 10.00 P.M. Therefore, the petitioners submitted a representation to the respondent police, seeking permission to conduct the festival from 26.03.2019 to 04.04.2019. The respondent police, without considering the above circumstances, mechanically rejected permission to conduct cultural programme for the reason that if they conduct cultural programme, there will be a law and order problem. Hence, the present Criminal Original petition has been filed.
3. Heard Mr.M.Elango, learned counsel appearing for the petitioner and the Mr.C.Raghavan, learned Government Pleader, (Crl. Side) appearing for the respondent.
4. The learned counsel appearing for the petitioner would submit that this Court repeatedly directs the police officials to grant permission to conduct cultural programme and other related programmes with certain conditions. Therefore, the petitioners pray to grant permission to conduct cultural programme from 26.03.2019 to 04.04.2019.
5. The learned Government Pleader (Crl. Side) appearing for the respondent submitted that if the petitioners are allowed to conduct cultural programme, there will be a law and order problem. Therefore, this criminal original petition is liable to be dismissed.
6. It is relevant to rely the order passed by the Division Bench of this Court dated 10.07.2018 made in W.P.(MD) No.14491 of 2018, where, this Court has held as follows: "3. ....... In M.Velmurugan V. The Superintendent of Police, on 24.01.2018. In passing orders in W.P.(MD) No.13440 of 2017, dated 20.07.2017, this Court had observed as follows:- "3.We may at the very outset note that the celebrations pertain to Arulmighu Sankaranarayana Swamy Temple, Sankarankovil. It is a very ancient and renowned Temple. It is under the control of the Hindu Religious and Charitable Endowments Department. It is beyond dispute that celebrations in such Temples are customary in nature. It is not as if the writ petitioner is seeking to introduce some new practice. What is being traditionally held and conducted has to be necessarily
followed. Therefore, we have no hesitation in allowing the writ petition as prayed for"
It is also relevant to note the notification dated 10.08.2017 in S.O.2555(E) by the Ministry of Environment, Forest and Climate Change, wherein, it has been stated as follows: "3.In the principal rules, in rule 5, for sub-rule (3), the following shall be substituted namely:- (3)Notwithstanding anything contained in sub-rule(2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calendar year and the concerned State Government or District Authority respect of its jurisdiction as authorised by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption should be operative."
Considering the above, this Court passed the following order in W.P.(MD) No.14491 of 2018, which reads as follows: "7.This Court, taking into consideration the earlier order of this Court and that on earlier occasion, the respondents had not too much to complain of, directs the respondents to grant permission to conduct the "Light Music" and "Patti Mandram" upto 12, mid night, between 17.07.2018 to 28.07.2018. The submission of learned counsel for petitioner that the sound system will be operated within permissible decibel levels is recorded."
7. In furtherance to above, the Division Bench of this Court recently in W.P.(MD)Nos.17731 of 2018 and etc, batch, dated 10.08.2018, passed the following order: "2. We are of the view that no public interest is involved in these Writ Petitions. We feel that the need to approach this Court would not have arisen, if only the respondent police considered the request of the petitioners within a reasonable time, i.e., at least two days from the date of receipt of representations. Thus, without expressing any
opinion on the merits of the case, we direct the Inspector of Police/Sub-Inspector of Police concerned in all the Writ Petitions to consider and pass appropriate orders on the representations submitted by the petitioners within a period of two days. In the event of granting permission, the respondent police shall always impose any reasonable conditions, as has been imposed in the earlier occasions.
3. Considering the issue involved, which will be recurring in nature, we direct the Inspector General of Police, South Zone and the Central Zone to issue appropriate directions in this regard to all the police officers concerned coming within their jurisdiction, who would be otherwise dealing with such cases, to take decisions within a period of two days from the date of receipt of representations from the petitioners so that the Courts will not be troubled.
4. It is brought to the notice this Court by Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.A.K.Baskarapandian, learned Special Government Pleader, that the Writ Petitions are being filed, after giving representations in the previous days.
5. We find considerable force in the said submission made by the learned Additional Advocate General. Our directions can never be implemented, if the petitioners rush to this Court on the very next day, after giving representations. Therefore, the persons, who seek permission to conduct cultural programme, are required to give representations at least two weeks before the proposed cultural programmes and thereafter, the directions, as given above, will have to be complied with by the police officer concerned."
8. Considering the above facts and circumstances of the case, the following directions are issued to the respondent:- The respondent police is directed to grant permission and to provide adequate police protection for the cultural programme to be conducted from 26.03.2019 to 04.04.2019 during night time at 06.00 P.M. to 10.00 P.M. on the eve of A/M.Mariamman Thirukoil, located in Oomagoundampatti, Kanjanaicken Patti, Kadayampatti Taluk, Salem District, based on the petitioner's representation dated 04.03.2019, subject to the following conditions:
a) the Aadal padal programme
connection with a Festival in A/M.Mariamman Thirukoil, at Oomagoundampatti, Kanjanaicken Patti, Kadayampatti Taluk, Salem District, scheduled to be held from 26.03.2019 to 04.04.2019 should be completed before 10.00 midnight or within the time permitted by the respondent.
(b) double meaning songs should not be played so as to spoil the minds of students and the youth;
(c) no songs, touching upon any political party or religion, community or caste be played;
(d) no flex boards in support of any political party or religious leader be erected;
(e) the Aadal padal programme should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste;
(f) if there is any 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;
(g) similarly, the Police is empowered to stop the programme, if it exceeds beyond the permitted time;
(h) the participants of the programme shall not intake any kind of in-toxic substance or liquor during the programme; and (i) if any untoward incident takes place, the organizers of the programme be made responsible for the same.
9. It is open to respondent police to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Boards representing any community.
10. This Criminal Original Petition is allowed with the above observations and directions.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar msm
To
1. The Inspector of Police, Theevattipatti Police Station, Kadayampatti Taluk, Salem District.
2.The Public Prosecutor High Court of Madras, Chennai.
+1cc to M/s M.Elango , Advocate SR.No. 27917 Crl.O.P.No.7876 of 2019 A.SK(25/03/2019)