Velusamy v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 26.03.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 7986 of 2019 Velusamy .. Petitioner Vs.
1. The Superintendent of Police, Namakkal, Namakkal District.
2. The Inspector of Police, Nallipalayam Police Station, Namakkal District. .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for records of 2nd respondent's proceedings dated 15.03.2019 and set aside the same and direct the 2nd respondent to give police protection and permission to conduct the Kuladievam-Drama in the event of Marriamman Temple Festival on 27.03.2019 situated at Thindamangalam Village & Post, Namakkal Taluk & District based on the petitioner's representation dated 13.03.2019.
For Petitioner : Mr.K.T.S.Sivakumar For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side)
O R D E R
Seeking permission to conduct cultural programme in the event of Mariamman Koil Temple Festival at Thindamangalam Village & Post, Namakkal Taluk & District on 27.03.2019, the petitioner made a representation dated 13.03.2019 to the respondent. As the same has not been considered, the present Criminal Original petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.
3. The learned Government Advocate (Crl.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, this petition is allowed and the petitioner is permitted to conduct cultural programme in the event of Mariamman Koil Temple Festival at Thindamangalam Village & Post, Namakkal Taluk & District on 27.03.2019, however with the following conditions:- (a) The cultural programme in connection with the event of Mariamman Koil Temple Festival at Thindamangalam Village & Post, Namakkal Taluk & District on 27.03.2019, 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 function 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 is directed to issue necessary permission, incorporating the above conditions. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar mpa/vsn
To 1.The Superintendent of Police, Namakkal, Namakkal District.
2.The Inspector of Police, Nallipalayam Police Station, Namakkal District.
3. The Public Prosecutor, High Court, Madras.
+1 cc to Mr.K.T.S.Sivakumar, Advocate, S.R.No.28233 Crl.O.P.No. 7986 of 2019 CA(CO) SSM(26/03/2019)