M.Saravanan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.12117, 12119, 12121, 12123 and 12125 of 2019 M.Saravanan .. Petitioner in Crl.O.P.No.12117 /2019 K.Kalidasan .. Petitioner in Crl.O.P.No.12119/2019 S.Elumalai .. Petitioner in Crl.O.P.No.12121/2019 K.Palani .. Petitioner in Crl.O.P.No.12123/2019 M.Anumuthan .. Petitioner in Crl.O.P.No.12125/2019 Vs.

State Rep by The Inspector of Police, Vellithiruppur Police Station, Vellithiruppur, Erode District.

.. Respondent in Crl.O.P.No.12117/2019 State Rep by The Inspector of Police, Kariyapattinam Police Station, Kariyapattinam, Nagapattinam District.

.. Respondent in Crl.O.P.No.12119/2019 State Rep by The Inspector of Police, Polur Police Station, Polur, Tiruvannamalai District.

..Respondent in Crl.O.P.No.12121/2019 State Rep by The Inspector of Police, A.Pallipatti Police Station, A.Pallipatti, Dharmapuri District.

..Respondent in Crl.O.P.No.12123/2019

State Rep by The Inspector of Police, Jolarpettai Police Station, Jolarpettai, Vellore District.

Respondent in Crl.O.P.No.12125/2019 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 (AdalPadalNigalchi)in the event of (i) Olakadam Arulmigu Sree Rajarajeswari Sokkanachiamman Temple Festival at Bhavani Taluk, Erode District on 05.05.2019 between 06.00PM to 11.00PM by considering the Petitioner's representation dated 27.04.2019 (ii) Thenpulam Arulmigu Sree Malai Mariamman Temple Veigasi Visagaperuvila Festival at Vedaranyam Taluk, Nagapattinam District on 11.05.2019 & 13.05.2019 between 06.00PM to 11.00PM by considering the Petitioner's representation dated 27.04.2019 (iii)Neinavaram Arulmigu Sree Mariamman Temple Cool Varkum Festival at Polur Taluk, Tiruvannamalai District on 29.05.

2019 between 06.00PM to 11.00PM by considering the Petitioner's representation dated 27.04.2019 (iv) A.Pudupatti Arulmigu Sree Kaliamman Temple Festival at Pappirettipatti Taluk, Dharmapuri District on 30.05.2019 between 06.00PM to 11.00PM by considering the Petitioner's representation dated 27.04.2019 (v) Annamalai Vattam Arulmigu Sree Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 05.06.2019 between 06.00PM to 11.00PM by considering the Petitioner's representation dated 27.04.2019. For Petitioners : Mr.A.Sathishkumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor C O M M O N O R D E R Seeking permission to conduct cultural programmes in the event of (i) Olakadam Arulmigu Sree Rajarajeswari Sokkanachiamman Temple Festival at Bhavani Taluk, Erode District on 05.05.

2019 (ii) Thenpulam Arulmigu Sree Malai Mariamman Temple Veigasi Visagaperuvila Festival at Vedaranyam Taluk, Nagapattinam District on 11.05.2019 & 13.05.2019 (iii)Neinavaram Arulmigu Sree Mariamman Temple Cool Varkum Festival at Polur Taluk, Tiruvannamalai District on 29.05.2019 (iv) A.Pudupatti Arulmigu Sree Kaliamman Temple Festival at Pappirettipatti Taluk, Dharmapuri District on 30.05.2019 (v) Annamalai Vattam Arulmigu Sree Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 05.06.2019,the petitioners made representation dated 27.04.2019 to the respondents.

has not been considered, the present Criminal Original petition have been filed.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents.

3. The 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, these petitions are allowed and the petitioners are permitted to conduct cultural programme in the event of (i) Olakadam Arulmigu Sree Rajarajeswari Sokkanachiamman Temple Festival at Bhavani Taluk, Erode District on 05.05.2019 (ii) Thenpulam Arulmigu Sree Malai Mariamman Temple Veigasi Visagaperuvila Festival at Vedaranyam Taluk, Nagapattinam District on 11.05.2019 & 13.05.2019 (iii)Neinavaram Arulmigu Sree Mariamman Temple Cool Varkum Festival at Polur Taluk, Tiruvannamalai District on 29.05.2019 (iv) A.

Pudupatti Arulmigu Sree Kaliamman Temple Festival at Pappirettipatti Taluk, Dharmapuri District on 30.05.2019 (v) Annamalai Vattam Arulmigu Sree Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 05.06.2019, however with the following conditions:- (a) The petitioners shall pay a sum of Rs.10,000/- (Rupees ten thousand only) each, on each day,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) Olakadam Arulmigu Sree Rajarajeswari Sokkanachiamman Temple Festival at Bhavani Taluk, Erode District on 05.05.2019 (ii) Thenpulam Arulmigu Sree Malai Mariamman Temple Veigasi Visagaperuvila Festival at Vedaranyam Taluk, Nagapattinam District on 11.05.2019 & 13.05.2019 (iii)Neinavaram Arulmigu Sree Mariamman Temple Cool Varkum Festival at Polur Taluk, Tiruvannamalai District on 29.05.2019 (iv) A.Pudupatti Arulmigu Sree Kaliamman Temple Festival at Pappirettipatti Taluk, Dharmapuri District on 30.05.2019 (v) Annamalai Vattam Arulmigu Sree Mariamman Temple Festival at Tirupattur Taluk, Vellore District on 05.06.2019, 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. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, Vellithiruppur Police Station, Vellithiruppur, Erode District.

2.The Inspector of Police, Kariyapattinam Police Station, Kariyapattinam, Nagapattinam District.

3.The Inspector of Police, Polur Police Station, Polur, Tiruvannamalai District.

4.The Inspector of Police, A.Pallipatti Police Station, A.Pallipatti, Dharmapuri District.

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

6.The Public Prosecutor, High Court, Madras.

+5 Ccs to Mr.A.Sathishkumar, Advocate sr 43125, 43124, 43123, 43122, 43121.

Crl.O.P.Nos.12117, 12119, 12121, 12123 and 12125 of 2019 AD(CO) SP(03/05/2019)