N.Manickam v. The Sub Inspector Of Police
0IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 13.06.2019
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.15025 of 2019 N.Manickam .. Petitioner Vs.
The Sub Inspector of Police, Kunnam Police Station, Perambalur District.
.. Respondent Prayer: Criminal Original Petition is 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) at Sri Throupathiamman Temple festival at Perambalur District on 14.06.2019 by considering the petitioner's representation dated 10.06.2019. For Petitioner : Mr.R.P.Murugan Raja For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
Seeking permission to conduct cultural programme in the event of Adal Padal at "Sri Kaliamman Temple Festival" is situated Sri Throupathiamman Temple festival at Perambalur District on 14.06.2019, the petitioner made a representation dated 10.06.2019 to the respondents. 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 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,
the petitioner is permitted to conduct cultural programme in the event of Adal Padal at Sri Throupathiamman Temple festival at Perambalur District on 14.06.2019, 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 is directed to issue receipt and proceed further.
(b) The cultural programme in connection with the event of temple festival of Sri Throupathiamman Temple festival at Perambalur District shall be conducted on 14.06.2019 between 06.00 p.m. and 11.00 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 II) //True Copy// Sub Assistant Registrar To 1.The Sub Inspector of Police, Kunnam Police Station, Perambalur District.
2.The Public Prosecutor, High Court, Madras.
+1cc to Mr.R.P.Murugan Raja, Advocate sr.47894 Crl.O.P.No.15025 of 2019 nr 13/06/2019