K.Selvaraj v. The Sub 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.No.11634 of 2019 K.Selvaraj ... Petitioner
Versus
The Sub-Inspector of Police, Kundadam Police Station, Kundadam, Dharapuram Taluk, Tiruppur District.
... Respondent Prayer:- Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Respondent to grant police protection and permission to the petitioner to conduct cultural programme containing dance and music on 01.05.2019 evening as part of Shri Madurai Veeran Temple Festival at Pettai Kalipalayam in Erakampatti Village in Kundadam Post in Dharapuram Taluk of Tiruppur District by considering petitioner's representation dated 25.04.2019. For Petitioner : Mr.N.Ponraj For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
Seeking permission to conduct cultural programme in the event of Shri Madurai Veeran Temple Festival at Pettai Kalipalayam, Erakampatti Village, Kundadam Post, Dharapuram Taluk, Tiruppur District, the petitioner made a representation dated 25.04.2019 to the respondent. 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 Additional Public Prosecutor appearing for the respondent.
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 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 Shri Madurai Veeran Temple Festival at Pettai Kalipalayam, Erakampatti Village, Kundadam Post, Dharapuram Taluk, Tiruppur 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 respondent Police are directed to issue receipt and proceed further.
(b)The cultural programme in connection with the event of Shri Madurai Veeran Temple Festival at Pettai Kalipalayam, Erakampatti Village, Kundadam Post, Dharapuram Taluk, Tiruppur District, shall be conducted on 01.05.2019 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 respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Criminal Original Petition stands allowed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
To
1. The Sub-Inspector of Police, Kundadam Police Station, Kundadam, Dharapuram Taluk, Tiruppur District.
2. The Public Prosecutor High Court, Madras.
+1cc to Mr.N.Ponraj, Advocate sr.no.40974 Crl.O.P.No.11634 of 2019 nr 29/04/2019