R.Krishnasamy v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.04.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8876 of 2019 R.Krishnasamy .. Petitioner Vs The state rep by its Inspector of Police, Appakudal Police Station, Erode District-638 315. .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent authority to give police protection and permission to conduct cultural Programme (Adalum Padalum) at Shri Makaliamman Temple Festival, Chittulurankadu, Chemilachampalayam post, Erode District on 04.04.2019 by considering the petitioner's representation dated 27.03.2019.
For Petitioner : Mr.M.Manimaran For Respondent : Mr.C.Raghavan Govt. Advocate (Crl. Side)
O R D E R
Seeking permission to conduct cultural programme in the event of Shri Makaliamman Temple Festival, Chittulurankadu, Chemilachampalayam post, Erode District the petitioner made a representation dated 27.03.2019 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 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 in the event of Shri Makaliamman Temple Festival, Chittulurankadu, Chemilachampalayam post, Erode District however with the https://hcservices.ecourts.gov.in/hcservices/
following conditions:- (a) The petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) as charges, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further.
(b) The cultural programme in connection with the event of Sri Gubera Ganapathy, and Sri Sakthi Mariamman Tirukoil situated at Pooral Kottai, Mettur Taluk, Salem District shall be conducted on 04.04.2019 between 06.00 p.m. and 10.00 p.m. (c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (d) Double meaning songs should not be played so as to spoil the minds of students and youths.
(e) No dance or songs, touching upon any political party or religion or community or caste shall be played. (f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(h) 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 (i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (j) 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(CCC) //True Copy// Sub Assistant Registrar vsn/rm To 1.The Inspector of Police, Appakudal Police Station, Erode District-638 315.
2.The Public Prosecutor, High Court, Madras.
+1cc to M.Manimaran, Advocate, S.R.No.31839 Crl.O.P.No.8876 of 2019 RRS(03/04/2019) https://hcservices.ecourts.gov.in/hcservices/