Madras High Court
K.Arunkumar vs State Rep By on 13 February, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.Nos.3887, 3888, 3890 and 3892 of 2019
K.Arunkumar
.. Petitioner in
Crl.O.P.No.3887/2019
A.Ravikumar
.. Petitioner in
Crl.O.P.No.3888/2019
B.S.Chandrasekaran
.. Petitioner in
Crl.O.P.No.3890/2019
R.Periyasami
.. Petitioner in
Crl.O.P.No.3892/2019
Vs
State Rep by
The Inspector of Police,
Karattupalayam Police Station,
Thiruchengode Rural,
Namakkal District. .. Respondent in
Crl.O.P.No.3887/2019
State Rep by
The Inspector of Police,
Pudhuchathiram Police Station,
Namakkal Taluk & District. .. Respondent in
Crl.O.P.No.3888/2019
State Rep by
The Inspector of Police,
Karungalpalayam Police Station,
Erode District. .. Respondent in
Crl.O.P.No.3890/2019
http://www.judis.nic.in
2
State Rep by
The Inspector of Police,
Paramathi Police Station,
Namakkal District. .. Respondent in
Crl.O.P.No.3892/2019
Prayer: Criminal Original Petitions are filed under Section 482 of Criminal
Procedure Code, to direct the respondent authority to give police protection and
permission to conduct Cultural Programme (Gramiya Adal Padal Nigalchi) in the
event of (i) Boovalakuttai Village Arulmegu Sri Mariamman Kovil Thiruvizha at
Goundampalayam, Kumaramangalam Post, Thiruchengode Taluk, Nammakkal
District on 17.02.2019 (ii) Reddipudhur Village Arulmegu Mariamman Kovil
Thiruvizha at Salem Main Road, Reddipudhur Village & Post, Namakkal Taluk &
District on 22.02.2019 (iii) Mo.Thanneerpanthal Palayam Village Arulmegu Sri Mari
Amman Kovil Thiruvizha at Mo.Thanneerpanthal Palayam Village,
E.Ramanathapuram Pudhur Post, Erode District on 27.02.2019 and (iv)
Mauvredipatti Village Arulmegu Mariamman Kovil Thiruvizha at Mariamman Kovil
Street, Mauvredipatti, Paramathi Post, Paramathi-Velur Taluk, Namakkal District on
26.03.2019 by considering the petitioner's representation dated 06.02.2019,
07.02.2019, 09.02.2019 and 08.02.2019 respectively to the respodent.
For Petitioner : Mr.V.Ravichandran
For Respondent : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
Seeking permission to conduct cultural programmes in the event of
(i) Boovalakuttai Village Arulmegu Sri Mariamman Kovil Thiruvizha at Goundampalayam, Kumaramangalam Post, Thiruchengode Taluk, Nammakkal http://www.judis.nic.in 3 District on 17.02.2019 (ii) Reddipudhur Village Arulmegu Mariamman Kovil Thiruvizha at Salem Main Road, Reddipudhur Village & Post, Namakkal Taluk & District on 22.02.2019 (iii) Mo.Thanneerpanthal Palayam Village Arulmegu Sri Mari Amman Kovil Thiruvizha at Mo.Thanneerpanthal Palayam Village, E.Ramanathapuram Pudhur Post, Erode District on 27.02.2019 and
(iv) Mauvredipatti Village Arulmegu Mariamman Kovil Thiruvizha at Mariamman Kovil Street, Mauvredipatti, Paramathi Post, Paramathi-Velur Taluk, Namakkal District on 26.03.2019, the petitioners made representations dated 06.02.2019, 07.02.2019, 09.02.2019 and 08.02.2019 respectively to the respondent. As the same has not been considered, the present Criminal Original Petition have been filed.
2. Heard the learned counsel appearing for the petitioners 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 representations. 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 petitioners are permitted to conduct cultural http://www.judis.nic.in 4 programme in the event of (i) Boovalakuttai Village Arulmegu Sri Mariamman Kovil Thiruvizha at Goundampalayam, Kumaramangalam Post, Thiruchengode Taluk, Nammakkal District on 17.02.2019 (ii) Reddipudhur Village Arulmegu Mariamman Kovil Thiruvizha at Salem Main Road, Reddipudhur Village & Post, Namakkal Taluk & District on 22.02.2019 (iii) Mo.Thanneerpanthal Palayam Village Arulmegu Sri Mari Amman Kovil Thiruvizha at Mo.Thanneerpanthal Palayam Village, E.Ramanathapuram Pudhur Post, Erode District on 27.02.2019 and (iv) Mauvredipatti Village Arulmegu Mariamman Kovil Thiruvizha at Mariamman Kovil Street, Mauvredipatti, Paramathi Post, Paramathi-Velur Taluk, Namakkal District on 26.03.2019, however with the following conditions:-
(a) The cultural programme in connection with the event of (i) Boovalakuttai Village Arulmegu Sri Mariamman Kovil Thiruvizha at Goundampalayam, Kumaramangalam Post, Thiruchengode Taluk, Nammakkal District on 17.02.2019 (ii) Reddipudhur Village Arulmegu Mariamman Kovil Thiruvizha at Salem Main Road, Reddipudhur Village & Post, Namakkal Taluk & District on 22.02.2019 (iii) Mo.Thanneerpanthal Palayam Village Arulmegu Sri Mari Amman Kovil Thiruvizha at Mo.Thanneerpanthal Palayam Village, E.Ramanathapuram Pudhur Post, Erode District on 27.02.2019 and (iv) Mauvredipatti Village Arulmegu Mariamman Kovil Thiruvizha at Mariamman Kovil Street, Mauvredipatti, Paramathi Post, Paramathi-Velur Taluk, Namakkal District on 26.03.2019, shall be conducted between 06.00 p.m. and 11.00 p.m. http://www.judis.nic.in 5
(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 functions 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 permission, incorporating the above conditions.
5. Accordingly, these Criminal Original Petitions are disposed of.
13.02.2019 Index:Yes/No Speaking/Non speaking order lpp/mpa Note: Issue Order Copy on 14.02.2019.
http://www.judis.nic.in 6 G.K.ILANTHIRAIYAN, J.
lpp/mpa To
1.The Inspector of Police, Karattupalayam Police Station, Thiruchengode Rural, Namakkal District.
2.The Inspector of Police, Pudhuchathiram Police Station, Namakkal Taluk & District.
3.The Inspector of Police, Karungalpalayam Police Station, Erode District.
4.The Inspector of Police, Paramathi Police Station, Namakkal District.
5.The Public Prosecutor, High Court, Madras.
Crl.O.P.Nos.3887, 3888, 3890 and 3892 of 2019 13.02.2019 http://www.judis.nic.in