V.Ayothiraman v. The Inspepctor Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8161 of 2019 V.Ayothiraman .. Petitioner Vs.
The State;
represented by The Inspector of Police, Mecheri Police Station, Mecheri, Salem District.
.. Respondent Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the respondent authority to give police protection and permission to conduct cultural programme [Adal Padal Nigalchi] in the event of Kuthireikaranur Arulmighu Sree Pattatharasi Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District on 30.4.2019 between 6.00pm to 11.00pm by considering the petitioner's representation dated 23.03.2019.
For Petitioner : Mr. A.Sathishkumar For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side) -----
ORDER
Seeking permission to conduct the cultural programme [Adal Padal Nigalchi] in the event of Kuthireikaranur Arulmighu Sree Pattatharasi Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District, based on the petitioner's representation dated 23.03.2019 to the respondent police. 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 respondent.
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, the petitioner is permitted to conduct cultural programme [Adal Padal Nigalchi] scheduled to be held on 30.04.2019 in the event of Kuthireikaranur Arulmighu Sree Pattatharasi Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District, scheduled to be held on 30.04.2019 between 06.00pm to 10.00pm, however with the following conditions:- (a) The cultural programme [Adal Padal Nigalchi] in the event of Kuthireikaranur Arulmighu Sree Pattatharasi Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District, shall be conducted on 30.04.2019 between 06.00pm and 10.00pm.
(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 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
msm To
1. The Inspector of Police, The Inspector of Police, Mecheri Police Station, Mecheri, Salem District.
2.The Public Prosecutor High Court of Madras, Chennai.
+1cc to Mr. A.Sathishkumar , Advocate SR.No. 29306 Crl.O.P.No.8161 of 2019 A.SK(01/04/2019)