Natchiyappan 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.O.P(MD).No.8437 of 2018 Natchiyappan ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Kallal Police Station, Sivagangai District.
.. Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the 2nd respondent to give permission and police protection for Drama namely Valli Thirumanam scheduled to be held on 25.05.2018 at night from 10.00 to 05.00 hours in connection with "Pongal Festival" in Arulmigu Sri Aathinamilaki Ayyanar, Sri Tharmanuneeswarar Thirukovil at Arikurichi Village, Karaikudi Taluk, Sivagangai District by considering the petitioner's representation dated 02.05.2018.
For Petitioner : Mr.P.Muthusamy 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 Aathinamilaki Ayyanar, Sri Tharmanuneeswarar Thirukovil Festival, Arikurichi Village, Karaikudi Taluk, Sivagangai District, the petitioner made a representation dated 02.05.2018 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 Government Advocate (Crl. Side) appearing for the respondent.
3. Learned Government Advocate (Crl. Side), on instructions, would submit that there is likelihood of arising law and order problem.
https://hcservices.ecourts.gov.in/hcservices/ 4.This Court in a batch of petitions has held that permission for cultural programmes in temple can be granted and the same could
be regulated by the police in order to avoid any law and order situation or misuse of the permission by resorting to vulgarity/obscenity.
5.Under such circumstances, 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 Aathinamilaki Ayyanar, Sri Tharmanuneeswarar Thirukovil Festival, Arikurichi Village, Karaikudi Taluk, Sivagangai District, shall be conducted on 25.05.2018 between 06.00 p.m. and 11.00 p.m. (b) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme. (c) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(d) 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 (e) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (f) The respondent is directed to issue necessary protection and permission, incorporating the above conditions. (g) 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. (h)In case if there is any discrepancy with regard to the date on which the programme is to be conducted, it would be open to the respondent police to extend protection on some other day after giving due notice to the petitioner.
Sd/- Vacation Officer.
/True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Inspector of Police,Kallal Police Station,Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC to Mr.P.Muthusamy, Advocate, SR.No. 65796 Crl.O.P(MD) No.8437 of 2018 17.05.2018 ta/Ns AM/SKN RSK/SAR 4/23.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/