Madras High CourtCRL OP/10880/2019allowed

G.Pasuvaraj v. The Inspector Of Police,

2019-04-24Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.10880, 10885, 10887, 10890 and 10882 of 2019 G.Pasuvaraj .. Petitioner in Crl.O.P.No.10880/2019 R.Kesavan .. Petitioner in Crl.O.P.No.10885/2019 K.Arunachalam .. Petitioner in Crl.O.P.No.10887/2019 P.Kaliyappan .. Petitioner in Crl.O.P.No.10890/2019 G.Arulpandian .. Petitioner in Crl.O.P.No.10882/2019 Vs.

The Inspector of Police, Kolathur Police Station, Kolathur, .. Respondent in Crl.O.P.No.10880/2019 The Inspector of Police, Natrampalli Police Station, Natrampalli, Vellore District. .. Respondent in Crl.O.P.No.10885/2019 The Inspector of Police, Puduchathiram Police Station, Puduchathiram, Namakkal District. ..Respondent in Crl.O.P.No.10887/2019 The Inspector of Police, Jolarpettai Police Station, Jolarpettai, Vellore District.

..Respondent in Crl.O.P.No.10890/2019

The Inspector of Police, Kannankurichi Police Station, Kannankurichi, ..Respondent in Crl.O.P.No.10882/2019 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) Yellaikuttai Arulmigu Sree Yellai Muniyappan Temple Festival at Mettur Taluk, Salem District on 28.04.2019 between 06.00PM to 11.00PM by considering the Petitioner's representation dated 20.04.2019 (ii) Patta Mariamman Kovil Vattam Arulmigu Sree Pattai Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 08.05.2019 between 06.00PM to 11.00PM by considering the Petitioner's representation dated 20.04.2019 (iii) R.

Puliyampatti Arulmigu Sree Mariamman Temple Festival at Namakkal Taluk & District on 09.05.2019 between 06.00PM to 11.00PM by considering the Petitioner's representation dated 20.04.2019 (iv) Vakkanampatti Arulmigu Sree Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 18.05.2019 between 06.00PM to 11.00PM by considering the Petitioner's representation dated 20.04.2019 (v) Kannankurichi Arulmigu Sree Mariamman Temple Festival at Salem Taluk & District on 04.05.2019 between 06.00PM to 11.00PM by considering the Petitioner's representation dated 20.04.2019. For Petitioners: Mr.A.Sathishkumar For Respondents: Mr.C.Raghavan Govt. Advocate (crl.

side) C O M M O N O R D E R Seeking permission to conduct cultural programmes in the event of (i) Yellaikuttai Arulmigu Sree Yellai Muniyappan Temple Festival at Mettur Taluk, Salem District on 28.04.2019 (ii) Patta Mariamman Kovil Vattam Arulmigu Sree Pattai Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 08.05.2019 (iii) R.Puliyampatti Arulmigu Sree Mariamman Temple Festival at Namakkal Taluk & District on 09.05.2019 (iv) Vakkanampatti Arulmigu Sree Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 18.05.2019 (v) Kannankurichi Arulmigu Sree Mariamman Temple Festival at Salem Taluk & District on 04.05.2019, the petitioners made representation dated 20.04.2019 to the respondents. As the same has not been considered, the present Criminal Original petition have been filed.

2. Heard the learned counsel appearing for the petitioners and the learned Govt. Advocate (Crl.side) appearing for the respondents.

3. The learned Govt. 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, these petitions are allowed and the petitioners are permitted to conduct cultural programme in the event of (i) Yellaikuttai Arulmigu Sree Yellai Muniyappan Temple Festival at Mettur Taluk, Salem District on 28.04.2019 (ii) Patta Mariamman Kovil Vattam Arulmigu Sree Pattai Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 08.05.2019 (iii) R.Puliyampatti Arulmigu Sree Mariamman Temple Festival at Namakkal Taluk & District on 09.05.2019 (iv) Vakkanampatti Arulmigu Sree Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 18.05.

2019 (v) Kannankurichi Arulmigu Sree Mariamman Temple Festival at Salem Taluk & District on 04.05.2019 however with the following conditions:- (a) The petitioners shall pay a sum of Rs.10,000/- (Rupees ten thousand only) each, as charges, to the respondent Police and on receipt of the same, the respondent Police are directed to issue receipt and proceed further. (b) The cultural programme in connection with the event of (i) Yellaikuttai Arulmigu Sree Yellai Muniyappan Temple Festival at Mettur Taluk, Salem District on 28.04.2019 (ii) Patta Mariamman Kovil Vattam Arulmigu Sree Pattai Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 08.05.2019 (iii) R.Puliyampatti Arulmigu Sree Mariamman Temple Festival at Namakkal Taluk & District on 09.05.

2019 (iv) Vakkanampatti Arulmigu Sree Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 18.05.2019 (v) Kannankurichi Arulmigu Sree Mariamman Temple Festival at Salem Taluk & District on 04.05.2019, 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 functions 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. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mpa To 1.The Inspector of Police, Kolathur Police Station, Kolathur, 2.The Inspector of Police, Natrampalli Police Station, Natrampalli, Vellore District.

3.The Inspector of Police, Puduchathiram Police Station, Puduchathiram, Namakkal District.

4.The Inspector of Police, Jolarpettai Police Station, Jolarpettai, Vellore District.

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

6.The Public Prosecutor, High Court, Madras.

+5ccs to Mr.A.Sathishkumar, Advocate, S.R.No.39492 to 39496 Crl.O.P.Nos.10880, 10885, 10887, 10890 and 10882 of 2019 PP(CO) RRS(25/04/2019)