Muruga Adaikalam v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2018
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.(MD) No.8372 of 2018 Muruga Adaikalam .. Petitioner Vs.
1.The Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.
.. Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the second respondent to give permission and police protection for cultural event namely Adalpadal scheduled to be held on 21.05.2018 at night from 08.00 to 01.00 hours in connection with "Temple Festival" in Arulmigu Sri Muthumariamman Thirukovil at Arasarakulam Keelpatti Village, Aranthangi Taluk, Pudukkottai District, by considering the petitioner's representation dated 02.05.2018.
For Petitioner : Mr. E.Balasubramanian For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)
O R D E R
Seeking permission to conduct cultural programme in the event of "Arulmigu Sri Muthumariamman Thirukovil," Temple Festival, situated in Arasarakulam Keelpatti Village, Aranthangi Taluk, Pudukkottai District, the petitioner made a representation dated 02.05.2018 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 Government Advocate appearing for the respondents.
3. Learned Government Advocate, 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 "Arulmigu Sri Muthumariamman Thirukovil," Temple Festival, situated in Arasarakulam Keelpatti Village, Aranthangi Taluk, Pudukkottai District, shall be conducted on 21.05.2018 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 respondent is directed to issue necessary protection and permission, incorporating the above conditions. (j) It is made clear that the concerned police officer shall give due consideration to any person, other than the petitioner, who may claim rights of conducting cultural programme and take a final decision after giving due consideration to such rival contentions.
Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar
To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 1 cc TO Mr.E.Balasubramanian , Advocate in SR No. 65848 Ns/CM AE/SKN RSK/SAR4/21.05.2018/3P/5C Crl.OP.(MD) No.8372 of 2018 17.05.2018