Madras High Court
P.Murugan vs The Superintendent Of Police on 28 March, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :28.03.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.Nos.8290,8293,8295 & 8297 of 2019
P.Murugan
.. Petitioner in
Crl.O.P.No.8290/2019
A.Murugan
.. Petitioner in
Crl.O.P.No.8293/2019
S.Muniraj
.. Petitioner in
Crl.O.P.No.8295/2019
E.Annadurai .. Petitioner in
Crl.O.P.No.8297/2019
1.The Superintendent of Police,
Salem,Salem District-636 001
2.The Inspector of Police,
Tharamangalam Police Station,
Omalur Taluk,
Salem District-636 502
.. Respondents in
Crl.O.P.No.8290/2019
1.The Superintendent of Police,
Salem, Salem District-636 001
2.The Inspector of Police,
Panamarathupatty Police station,
Salem Taluk,
Salem District.
.. Respondents in
Crl.O.P.No.8293/2019
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1.The Superintendent of Police,
Dharmapuri, Dharmapuri District-635 001.
2.The Inspector of Police,
Karimangalam Police Station,
Karimangalam Taluk,
Dharmapuri District-635 111.
..Respondents in
Crl.O.P.No.8295/2019
1.The Superintendent of Police,
Krishangiri, Krishnagiri District-635 001
2.The Inspector of Police,
Veppanapalli Police Station,
Krishnagiri Taluk,
Krishnagiri District -635 121. ..Respondents in
Crl.O.P.No.8297 /2019
Common 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 (Adal Padal Nigalchi) in
the event of (i) Sri Mariyamman Temple festival is situated at Kanakkupatti Village,
Aarurpatti Post, Omalur Taluk, Salem District on 03.04.2019 at 06.00 P.M. To
11.00 P.M. by considering the petitioner's representation dated 20.03.2019(ii) Sri
Mariyamman & Sri Muthalamman Temple festival is situated at Thippampatty
Village, Thippampatty Post, Salem Taluk, Salem District on 02.04.2019 at about
06.00 P.M to 11.00 P.M. by considering the petitioner's representation dated
20.03.2019 (iii)Sri Mahasakthi Mariamman Temple festival is situated at
Bommahalli Village, Bommahalli Post, Kariamangalam Taluk, Dharmapuri District
on 26.05.2019 at about 06.00 P.M to 11.00 P.M the petitioners representation
dated 20.03.2019 (iv) Sri Varasithi Vinayagar Temple Maha Kumbabishekam
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festival is situated at Ettipalli Village, Neralagiri post, Krishnagiri Taluk, Krishnagiri
District on 10.04.2019 at about 06.00 P.M to 11.00 P.M by considering the
petitioner's representation dated 20.03.2019.
For Petitioners : Mr.S.Mayilnathan
For Respondents : Mr.C.Raghavan
Govt. Advocate (crl.side)
COMMON ORDER
Seeking permission to conduct cultural programmes in the event of
(i) Sri Mariyamman Temple festival is situated at Kanakkupatti Village, Aarurpatti Post, Omalur Taluk, Salem District on 03.04.2019 (ii) Sri Mariyamman & Sri Muthalamman Temple festival is situated at Thippampatty Village, Thippampatty Post, Salem Taluk, Salem District on 02.04.2019 (iii)Sri Mahasakthi Mariamman Temple festival is situated at Bommahalli Village, Bommahalli Post, Kariamangalam Taluk, Dharmapuri District on 26.05.2019 (iv) Sri Varasithi Vinayagar Temple Maha Kumbabishekam festival is situated at Ettipalli Village, Neralagiri post, Krishnagiri Taluk, Krishnagiri District on 10.04.2019 the petitioners made representation dated 20.03.2019 to the respondents. 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 Govt. Advocate (Crl.side) appearing for the respondents.
3. The learned Govt. Advocate (Crl. Side), on instructions, would submit that there is likelihood of arising law and order problem. http://www.judis.nic.in 4
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, these petitions are allowed and the petitioners are permitted to conduct cultural programme in the event of (i) Sri Mariyamman Temple festival is situated at Kanakkupatti Village, Aarurpatti Post, Omalur Taluk, Salem District on 03.04.2019 (ii) Sri Mariyamman & Sri Muthalamman Temple festival is situated at Thippampatty Village, Thippampatty Post, Salem Taluk, Salem District on 02.04.2019 (iii)Sri Mahasakthi Mariamman Temple festival is situated at Bommahalli Village, Bommahalli Post, Kariamangalam Taluk, Dharmapuri District on 26.05.2019(iv) Sri Varasithi Vinayagar Temple Maha Kumbabishekam festival is situated at Ettipalli Village, Neralagiri post, Krishnagiri Taluk, Krishnagiri District on 10.04.2019 however with the following conditions:-
(a) The cultural programme in connection with the event of
(i) Sri Mariyamman Temple festival is situated at Kanakkupatti Village, Aarurpatti Post, Omalur Taluk, Salem District on 03.04.2019 (ii) Sri Mariyamman & Sri Muthalamman Temple festival is situated at Thippampatty Village, Thippampatty Post, Salem Taluk, Salem District on 02.04.2019 (iii)Sri Mahasakthi Mariamman Temple festival is situated at Bommahalli Village, Bommahalli Post, Kariamangalam Taluk, Dharmapuri District on 26.05.2019 (iv) Sri Varasithi Vinayagar Temple Maha Kumbabishekam festival is situated at Ettipalli Village, Neralagiri post, Krishnagiri Taluk, Krishnagiri District on 10.04.2019 shall be conducted between 06.00 p.m. http://www.judis.nic.in 5 and 10.00 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 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 respondents are directed to issue necessary permission, incorporating the above conditions.
28.03.2019 vsn/mpa Index:Yes/No Speaking/Non speaking order Note : Issue order copy on or before 01.04.2019 http://www.judis.nic.in 6 G.K.ILANTHIRAIYAN, J.
vsn To
1.The Superintendent of Police, Salem,Salem District-636 001
2.The Inspector of Police, Tharamangalam Police Station, Omalur Taluk, Salem District-636 502.
3.The Inspector of Police, Panamarathupatty Police station, Salem Taluk, Salem District.
4.The Superintendent of Police, Dharmapuri, Dharmapuri District-635 001.
5.The Inspector of Police, Karimangalam Police Station, Karimangalam Taluk, Dharmapuri District-635 111.
6.The Superintendent of Police, Krishangiri, Krishnagiri District-635 001
7.The Inspector of Police, Veppanapalli Police Station, Krishnagiri Taluk, Krishnagiri District -635 121.
8.The Public Prosecutor, High Court, Madras.
Crl.O.P.Nos.8290,8293,8295 & 8297 of 2019 28.03.2019 http://www.judis.nic.in