Madras High Court
N.V.Mani vs The Inspector Of Police on 13 March, 2020
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.5700 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2020
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.5700 of 2020
N.V.Mani .. Petitioner
Vs
The Inspector of Police,
Velur Police Station,
Paramathi Velur Taluk,
Namakkal District. .. Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, to direct the respondent police to grant permission and
necessary police protection to perform the cultural programme i.e., Adal
Padal on the eve of Maha Mariamman Temple festival at Nanjai Edaiyar,
Paramathi Velur Taluk, Namakkal, which is held to be on 23.03.2020 at
about 06.00 p.m., to 11.00 p.m., based on the representation of the petitioner
dated 02.03.2020.
For Petitioner : Mr.L.Sharadh Kumar
For Respondent : Mr.M.Mohamed Riyaz
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Crl.O.P.No.5700 of 2020
Additional Public Prosecutor
ORDER
Seeking permission to conduct cultural programme in the event of Maha Mariamman Temple festival at Nanjai Edaiyar, Paramathi Velur Taluk, Namakkal District, the petitioner made a representation dated 02.03.2020 to the 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 respondent.
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, this petition is allowed and the petitioner 2/5 http://www.judis.nic.in Crl.O.P.No.5700 of 2020 is permitted to conduct cultural programme i.e., Adal Padal in the event of Maha Mariamman Temple festival at Nanjai Edaiyar, Paramathi Velur Taluk, Namakkal District, however with the following conditions:-
(a) The cultural programme in connection with the event of Maha Mariamman Temple festival at Nanjai Edaiyar, Paramathi Velur Taluk, Namakkal District, shall be conducted on 23.03.2020 between 06.00 p.m. and 11.00 p.m.
(b)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.
(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 3/5 http://www.judis.nic.in Crl.O.P.No.5700 of 2020
(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.
13.03.2020 Internet:Yes Index:Yes/No Speaking/Non speaking order smv Note: Issue order copy on 18.03.2020.
To The Inspector of Police, Velur Police Station, Paramathi Velur Taluk, Namakkal District.
4/5http://www.judis.nic.in Crl.O.P.No.5700 of 2020 G.K.ILANTHIRAIYAN, J.
smv Crl.O.P.No.5700 of 2020 13.03.2020 5/5 http://www.judis.nic.in