S.Poongavanam 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.10087 of 2019 S.Poongavanam ... Petitioner Vs.
1.The Superintendent of Police, Vellore District, Vellore.
2.The Sub Inspector of Police, Avalur Police Station, Vellore District.
... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to grant adequate police protection for doing charity work like conducting Brahmotshavam festival of Arulmighu Sri Lakshmi Narayan Sannidhi and providing the Annadhanam and Thaneerpanthal on 19.05.2019 in Sankarampadi Chathiram at Perumbulipakkam Village, Nemili Taluk, Vellore District on the light of the petitioner's representation dated 12.04.2019. For Petitioner : Mr.B.Sundarapandiyan For Respondents : Mr.C.Raghavan Govt. Advocate (crl.Side)
O R D E R
This Criminal Original Petition has been filed seeking direction to the respondent to grant adequate police protection for doing charity work like conducting Brahmotshavam festival of Arulmighu Sri Lakshmi Narayan Sannidhi and providing the Annadhanam and Thaneerpanthal on 19.05.2019 in Sankarampadi Chathiram at Perumbulipakkam Village, Nemili Taluk, Vellore District on the light of the petitioner's representation dated 12.04.2019.
2. Heard the learned counsel for the petitioner and the learned Govt. Advocate (Crl. Side) 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 Brahmotshavam festival of Arulmighu Sri Lakshmi Narayan Sannidhi and providing the Annadhanam and Thaneerpanthal in Shankarampadi Chathiram at Perumbulipakkam Village, Nemili Taluk, Vellore District however with the 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 second respondent Police is directed to issue receipt and proceed further.
(b) The charity work in connection with the event of Brahmotshavam festival of Arulmighu Sri Laksmi Narayan Sannidhi and providing the Annadhanam and Thaneerpanthal in Shankarampadi Chathiram at Perumbulipakkam Village, Nemili Taluk, Vellore District shall be conducted on 19.05.2019.
5. The Second respondent is directed to give adequate police protection to the petitioner's function. It is left open to the respondent police to put any restrictions or to impose any conditions purely in the interest of preserving Public Order and tranquility, there can be a total ban for putting up any flex Boards representing any community.
6. With the above directions, this Criminal Original Petition stands allowed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsn/mpa To 1.The Superintendent of Police, Vellore District, Vellore.
2.The Sub Inspector of Police, Avalur Police Station, Vellore District.
3. The Public Prosecutor, High Court, Madras.
+1cc to Mr.B.Sundarapandian, Advocate Sr.36155 Crl.O.P.No.10087 of 2019 gmr[co] srg 22/04/2019