V.Natrajan v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2019
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No.24302 of 2019 V.Natrajan .. Petitioner Vs
1. The Superintendent of Police, Namakkal, Namakkal District - 632 001.
2. The Inspector of Police, Mohanur Police Station, Mohanur Taluk, Namakkal District - 637 020.
.. Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the respondent to grant permission to perform the program of 'Adal Padal' on 11.09.2019 at about 06.00 P.M. to 11.00 P.M. at Sri Periyakandiamman Temple Festival" situated at Anbu Nagar, Valaiyapatti Post, Mohanur Taluk, Namakkal District and to provide adequate police protection based on petitioner's representation dated 03.09.2019. For Petitioner : Mr.S.Mayilnathan For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor
O R D E R
Seeking permission to conduct cultural programme at Sri Periyakandiamman Temple, Anbu Nagar, Valaiyapatti Post, Mohanur Taluk, Namakkal District on 11.09.2019, the petitioner made a representation dated 03.09.2019 to the second 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 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 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 criminal original petition is allowed and the petitioner is permitted to conduct cultural programme , however, with the following conditions:- (a) The cultural programme in connection with the event of Sri Periyakandiamman Temple Festival at Anbu Nagar, Valaiyapatti Post, Mohanur Taluk, Namakkal District shall be conducted on 11.09.2019 between 06.00 p.m. and 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 so as to 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 played beyond the permitted time limit. (i) The second respondent is directed to issue necessary protection and permission, incorporating the above conditions. Sd/- Assistant Registrar(CS ) //True copy// Sub Assistant Registrar msv/hvk
To
1. The Superintendent of Police, Namakkal, Namakkal District - 632 001.
2. The Inspector of Police, Mohanur Police Station, Mohanur Taluk, Namakkal District - 637 020.
3. The Additional Public Prosecutor, High Court, Madras.
+1cc to Mr.S.Mayilnathan, Advocate SR.No.77803 Crl.OP.No.24302 of 2019 SAI(CO) GMY(16/09/2019)