M.Vadivel v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.05.2019
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13279 of 2019 M. Vadivel ...
Petitioner Vs.
1. The Superintendent of Police, Namakkal District.
2. The Inspector of Police, Namakkal Police station, Namakkal ...
Respondents PRAYER: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondents to grant permission and protection to conduct cultural programme on 28.05.2019 from 07.00 p.m. to 11.00 p.m. at "Arulmigu Palapattarai Mariamman Temple Ramapuram Pudhur Sangathidal", situated at R.P.Pudhur, Namakkal - 637 001 by the petitioner's representation dated 13.05.2019.
For petitioner : Mr.C.Selvaraj For respondent : Ms.P.Kritika Kamal, Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed to direct the respondent to grant permission to the petitioner for conducting Cultural Programme (Adal Padal Nigalchi) on 28.05.2019 between 07.00 P.M. and 11.00 P.M. and give adequate police protection in Arulmigu Palapattarai Mariamman Temple Ramapuram Pudhur Sangathidal, situated at R.P.Pudhur, Namakkal - 637 001.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
3.The learned counsel for the petitioner would submit that the petitioner is the resident of R.P.Pudhur, Namakkal, where
"Arulmigu Palapattarai Mariamman Temple" is situated. The temple festival will be celebrated in a grand manner every year and during the festival, the villagers planned to conduct Cultural Programme (Adal Padal Nigalchi) on 28.05.2019 between 07.00 P.M. and 11.00 P.M.. In this regard, the petitioner gave a representation to the respondent on 13.05.2019. Since no action has been taken, the present petition has been filed.
4. The learned Government Advocate appearing for the respondent, on instructions, would submit that the respondents have no serious objection. She further submitted that permission may be granted subject to stringent conditions.
5. Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with the following directions:
The second respondent/The Inspector of Police, Namakkal Police Station, Namakkal District is directed to consider the representation of the petitioner, dated 13.05.2019 and to give permission and to provide police protection for Cultural Programme (Adal Padal Nigalchi) done by Arulmigu Palapattarai Mariamman Temple Ramapuram Pudhur Sangathidal, R.P.Pudhur, Namakkal, scheduled to be held on 28.05.2019 between 07.00 P.M. and 11.00 P.M., subject to the following conditions; "(a) Cultural Programme (Adal Padal Nigalchi) done by Arulmigu Palapattarai Mariamman Temple Ramapuram Pudhur Sangathidal, R.P.Pudhur, Namakkal scheduled to be held on 28.05.2019, should be completed before 11.00 p.m..
(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(c) Double meaning songs should not be played as they will spoil the minds of students and youths. (d) No dance or songs, touching upon any political party or religion or community or caste shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) 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 (h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.
(i) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions."
6.It is open to the second respondent/ Inspector of police to impose any further restrictions or conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Board representing any community political party or organization.
7. This Criminal Original Petition is disposed of with the above directions.
Sd/- Assistant Registrar(V/O) //True Copy// Sub Assistant Registrar mrp To
1. The Superintendent of Police, Namakkal District.
2. The Inspector of Police, Namakkal Police station, Namakkal.
+1cc to M/S.C.Selvaraj, Advocate Sr.43983 Crl.O.P.No.13279 of 2019 sj[co] srg 21/05/2019