Panneerselvam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.11508, 11514 and 11515 of 2019 Panneerselvam ... Petitioner in Crl.O.P.No.11508 of 2019 M.Mahendiran ... Petitioner in Crl.O.P.No.11514 of 2019 M.Manickam ... Petitioner in Crl.O.P.No.11515 of 2019 -VsThe Inspector of Police, Gangavalli Police Station, ... Respondents in Crl.O.P.No.11508 of 2019 The Inspector of Police, Kolathur Police Station, ... Respondents in Crl.O.P.No.11514 of 2019 The Inspector of Police, Veeranam Police Station, ... Respondents in Crl.O.P.No.11515 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) in the event of (i) Punalvasal Village Sri Mariamman Temple Festival at Salem District on 08.05.2019 by considering the petitioner's

representation dated 25.04.2019 (ii) Mulakottai Kanavaikadu Village Arulmighu Samayapuram Sakthi Mariamman Temple Festival at Salem District on 01.05.2019 by considering the petitioner's representation dated 25.04.2019 (iii) Allikuttai Village Sri Sakthi Mariamman Temple Festival at Salem District on 10.05.2019 by considering the petitioner's representation dated 25.04.2019 respectively.

For Petitioner : Mr.R.P.Murugan Raja 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) Punalvasal Village Sri Mariamman Temple Festival at Salem District on 08.05.2019 (ii) Mulakottai Kanavaikadu Village Arulmighu Samayapuram Sakthi Mariamman Temple Festival at Salem District on 01.05.2019 (iii) Allikuttai Village Sri Sakthi Mariamman Temple Festival at Salem District on 10.05.2019 the petitioners made a representation dated 25.04.2019 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) Punalvasal Village Sri Mariamman Temple Festival at Salem District on 08.05.2019 (ii) Mulakottai Kanavaikadu Village Arulmighu Samayapuram Sakthi Mariamman Temple Festival at Salem District on 01.05.2019 (iii) Allikuttai Village Sri Sakthi Mariamman Temple Festival at Salem District on 10.05.2019, 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) Punalvasal Village Sri Mariamman Temple Festival at Salem District on 08.05.2019 (ii) Mulakottai Kanavaikadu Village Arulmighu Samayapuram Sakthi Mariamman Temple Festival at Salem District on 01.05.2019 (iii) Allikuttai Village Sri Sakthi Mariamman Temple Festival at Salem District on 10.05.2019, 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.

ssr Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Gangavalli Police Station,

2. The Inspector of Police, Kolathur Police Station,

3. The Inspector of Police, Veeranam Police Station,

4. The Public Prosecutor High Court, Madras.

+3CCs to Mr.R.P.Muruganraja, Advocate, SR.No.41408,41409 & 41410 Crl.O.P.Nos.11508, 11514 and 11515 of 2019 Kak(29/04/2019)