P.Subbiramania Swamigal v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.04.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9953 of 2019 P.Subbiramania Swamigal .. Petitioner Vs 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai 2.The Deputy Superintendent of Police, Vandavasi Taluk, Vandavasi, Tiruvannamalai District.
3.The Inspector of Police, Desur Police Station, Tiruvannamalai District. .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct to the respondents to grant permission to perform the program of ''Adal Padal'' on 13.04.2019 and 14.04.2019 at about 9.00 P.M to 5.00 P.M at Thillaimangali Amman is situated at Manjapattu Village, Vandavasi Taluk, Thiruvannamalai District and provide adequate police protection based on the petitioners representation on 07.04.2019 For Petitioner : Mr.T.V.G.Kartheeban For Respondent : Mr.C.Raghavan Govt. Advocate (Crl. Side)
O R D E R
Seeking permission to conduct cultural programme in the event of Thillaimangali Amman is situated at Manjapattu Village, Vandavasi Taluk, Thiruvannamalai District, the petitioner made a representation dated 07.04.2019 to the respondents. 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, the petitioner is permitted to conduct cultural programme in the event of Thillaimangali Amman is situated at Manjapattu Village, Vandavasi Taluk, Thiruvannamalai District however with the following conditions:- (a) The petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) each day as charges, to the respondent Police and on receipt of the same, the third respondent Police is directed to issue receipt and proceed further.
(b) The cultural programme in connection with the event of Thillaimangali Amman is situated at Manjapattu Village, Vandavasi Taluk, Thiruvannamalai District shall be conducted on 13.04.2019 and 14.04.2019 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 respondents are 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/mpa
To 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai 2.The Deputy Superintendent of Police, Vandavasi Taluk, Vandavasi, Tiruvannamalai District.
3.The Inspector of Police, Desur Police Station, Tiruvannamalai District.
4.The Public Prosecutor High Court, Madras.
+1cc to Mr.T.V.G.Kartheeban, Advocate, S.R.No.36090 Crl.O.P.No.9953 of 2019 SPD(CO) RRS(12/04/2019)