Madras High CourtCRL OP/9494/2019allowed

K.Senthil v. The Inspector Of Police

2019-04-09Honourable Mr Justice G.K. Ilanthiraiyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.9490, 9491, 9493, 9494 and 9495 of 2019 T.Mayadevan ... Petitioner in Crl.O.P.No.9490 of 2019 S.Sathishkumar ... Petitioner in Crl.O.P.No.9491 of 2019 K.Pattusamy ... Petitioner in Crl.O.P.No.9493 of 2019 K.Senthil ... Petitioner in Crl.O.P.No.9494 of 2019 A.Aanji ... Petitioner in Crl.O.P.No.9495 of 2019

Versus

The Inspector of Police, Attur Police Station, Attur, ... Respondent in Crl.O.P.No.9490 of 2019

The Inspector of Police, Karuppur Police Station, Karuppur, ... Respondent in Crl.O.P.No.9491 of 2019 The Inspector of Police, M-2, Kammapuram Police Station, Kammapuram, Cuddalore District.

... Respondent in Crl.O.P.No.9493 of 2019 The Inspector of Police, Karumalaikodal Police Station, Karumalaikodal, ... Respondent in Crl.O.P.No.9494 of 2019 The Inspector of Police, Jolarpettai Police Station, Jolarpettai, ... Respondent in Crl.O.P.No.9495 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) Kalpaganur Arulmigu Sree Maha Mariamman Temple Festival at Attur Taluk, Salem District on 02.05.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 03.04.2019 (ii) Karuppur, Kollatheru Arulmigu Sree Sakthi Mariamman Temple Festival at Omalur Taluk, Salem District on 12.04.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation

dated 03.04.2019 (iii) Gobalapuram Arulmigu Sree Makaliamman & Murugan Temple Festival at Virudachalam Taluk, Cuddalore District on 28.04.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 02.04.2019 (iv) Kunjandiyur Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District on 11.04.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 03.04.2019 (v) Vakkanampatti Arulmigu Sree Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 19.05.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 03.04.2019 respectively.

For Petitioner : Mr.A.Sathishkumar in all Crl.O.Ps For Respondent : Mr.M.Mohammmed Riyaz in all Crl.O.Ps Additional Public Prosecutor C O M M O N O R D E R Seeking permission to conduct cultural programme in the event of (i) Kalpaganur Arulmigu Sree Maha Mariamman Temple Festival at Attur Taluk, Salem District on 02.05.2019 (ii) Karuppur, Kollatheru Arulmigu Sree Sakthi Mariamman Temple Festival at Omalur Taluk, Salem District on 12.04.2019 (iii) Gobalapuram Arulmigu Sree Makaliamman & Murugan Temple Festival at Virudachalam Taluk, Cuddalore District on 28.04.2019 (iv) Kunjandiyur Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District on 11.04.2019 (v) Vakkanampatti Arulmigu Sree Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 19.05.2019 the petitioners made a representation dated 02.04.2019 & 03.04.2019 to

the respondents. As the same has not been considered, the present Criminal Original petitions have been filed.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents.

3. Learned Additional Public Prosecutor, 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 representations. 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 petitioners are permitted to conduct cultural programme in the event of (i) Kalpaganur Arulmigu Sree Maha Mariamman Temple Festival at Attur Taluk, Salem District on 02.05.2019 (ii) Karuppur, Kollatheru Arulmigu Sree Sakthi Mariamman Temple Festival at Omalur Taluk, Salem District on 12.04.2019 (iii) Gobalapuram Arulmigu Sree Makaliamman & Murugan Temple Festival at Virudachalam Taluk, Cuddalore District on 28.04.2019 (iv) Kunjandiyur Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District on 11.04.2019 (v) Vakkanampatti Arulmigu Sree Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 19.05.2019, however with the following conditions:-

(a) Each petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) as charges, to the respective 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 (i) Kalpaganur Arulmigu Sree Maha Mariamman Temple Festival at Attur Taluk, Salem District on 02.05.2019 (ii) Karuppur, Kollatheru Arulmigu Sree Sakthi Mariamman Temple Festival at Omalur Taluk, Salem District on 12.04.2019 (iii) Gobalapuram Arulmigu Sree Makaliamman & Murugan Temple Festival at Virudachalam Taluk, Cuddalore District on 28.04.2019 (iv) Kunjandiyur Arulmigu Sree Sakthi Mariamman Temple Festival at Mettur Taluk, Salem District on 11.04.2019 (v) Vakkanampatti Arulmigu Sree Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 19.05.

2019, shall be conducted 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 respondents are directed to issue necessary permission, incorporating the above conditions.

5. With the above directions, these Criminal Original Petitions stands allowed.

09.04.2019 Speaking/Non speaking order Internet:Yes Index:Yes/No rri Note: Issue order copy on 09.04.2019 To

1. The Inspector of Police, Attur Police Station, Attur,

2. The Inspector of Police, Karuppur Police Station, Karuppur,

3. The Inspector of Police, M-2, Kammapuram Police Station, Kammapuram, Cuddalore District.

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

5. The Inspector of Police, Jolarpettai Police Station, Jolarpettai,

6. The Public Prosecutor High Court, Madras.

G.K.ILANTHIRAIYAN, J.

rri Crl.O.P.Nos.9490, 9491, 9493, 9494 and 9495 of 2019 09.04.2019