Madras High Court
K.Govindan vs The Superintendent Of Police on 5 April, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.Nos.9319, 9321, 9322, 9324 and 9325 of 2019
K.Govindan .. Petitioner in
Crl.O.P.No.9319/2019
R.Palanisami .. Petitioner in
Crl.O.P.No.9321/2019
M.Palanisamy .. Petitioner in
Crl.O.P.No.9322/2019
R.Kaviarasan .. Petitioner in
Crl.O.P.No.9324/2019
K.Shanmugasundaram .. Petitioner in
Crl.O.P.No.9325/2019
Vs.
1.The Superintendent of Police,
Salem District, Salem.
2.The Inspector of Police,
Yercaud Police Station,
Salem District. .. Respondents in
Crl.O.P.No.9319/2019
1.The Superintendent of Police,
Coimbatore,
Coimbatore District.
2.The Inspector of Police,
E3 Saravanampatti Police Station,
Coimbatore District. .. Respondents in
Crl.O.P.No.9321/2019
http://www.judis.nic.in
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1.The Superintendent of Police,
Salem,
Salem District.
2.The Inspector of Police,
Karamanaikudal Police Station,
Salem District. .. Respondents in
Crl.O.P.No.9322/2019
1.The Superintendent of Police,
Salem,
Salem District.
2.The Inspector of Police,
Thevur Police Station,
Salem District. .. Respondents in
Crl.O.P.No.9324/2019
1.The Superintendent of Police,
Erode District,
Erode.
2.The Inspector of Police,
Sivagiri Police Station,
Erode District. .. Respondents in
Crl.O.P.No.9325/2019
Common Prayer: Criminal Original Petitions are filed under Section 482 of
Criminal Procedure Code, to direct the second respondent authority to give
Bandobust for permission to conduct Cultural Programme in the event of (i)
Arulmighu Mariamman Temple festival at Melur, Vellakadai Post, Yercaud, Salem-
636 602, on 16.04.2019 based on petitioner's representation dated 01.04.2019.
(ii) Arulmighu Sri Siruvar Pannariamman Temple Festival at Ramakrishnapuram,
Coimbatore-641 006 on 12.05.2019 by considering the petitioner's representation
on 27.03.2019 (iii)Arulmighu Sri Sakthi Mariamman Temple festival at Thottilpatti,
Krishnasamy Street, Mettur, Salem District on 12.04.2019 by considering the
petitioners representation dated 01.04.2019 (iv) Arulmighu Sri Mariamman Temple
festival
http://www.judis.nic.in at Pulla Goundampatti, Salem-637 104 on 13.04.2019 by considering the
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petitioners representation dated 26.03.2019 (v) Arulmighu Sri Velayutha Swamy
Temple festival at Sivagiri, Erode District on 21.04.2019 by considering the
petitioners representation dated 27.03.2019.
For Petitioner in Crl.O.P.No.9319/2019 : Mr.M.Selvam
For Petitioner in All Crl.O.Ps : Mr.R.Gopinath
For Respondents in All Crl.O.Ps : Mr.C.Raghavan
Govt. Advocate (crl.side)
COMMON ORDER
Seeking permission to conduct cultural programmes in the event of
(i) Arulmighu Mariamman Temple festival at Melur, Vellakadai Post, Yercaud, Salem-636 602, on 16.04.2019 (ii) Arulmighu Sri Siruvar Pannariamman Temple Festival at Ramakrishnapuram, Coimbatore-641006 on 12.05.2019 (iii) Arulmighu Sri Sakthi Mariamman Temple festival at Thottilpatti, Krishnasamy Street, Mettur, Salem District on 12.04.2019 (iv) Arulmighu Sri Mariamman Temple festival at Pulla Goundampatti, Salem-637 104 on 13.04.2019 (v) Arulmighu Sri Velayutha Swamy Temple festival at Sivagiri, Erode District on 21.04.2019, the petitioners maderepresentationdated 01.04.2019, 27.03.2019 and 26.03.2019 to the respondents. As the same has not been considered, the present Criminal Original petitions have been filed.
2. Heard the learned counsel appearing for the petitioners and the learned Govt. Advocate (Crl.side) appearing for the respondents. http://www.judis.nic.in 4
3. The learned Govt. Advocate (Crl. Side), 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, these petitions are allowed and the petitioners are permitted to conduct cultural programme in the event of (i) Arulmighu Mariamman Temple festival at Melur, Vellakadai Post, Yercaud, Salem-636 602, on 16.04.2019 (ii) Arulmighu Sri Siruvar Pannariamman Temple Festival at Ramakrishnapuram, Coimbatore-641006 on 12.05.2019 (iii) Arulmighu Sri Sakthi Mariamman Temple festival at Thottilpatti, Krishnasamy Street, Mettur, Salem District on 12.04.2019 (iv) Arulmighu Sri Mariamman Temple festival at Pulla Goundampatti, Salem-637 104 on 13.04.2019
(v) Arulmighu Sri Velayutha Swamy Temple festival at Sivagiri, Erode District on 21.04.2019, however with the following conditions:-
(a) The petitioners shall pay a sum of Rs.10,000/- (Rupees ten thousand only) each, as charges, to the respondent Police and on receipt of the same, the respondent Police are directed to issue receipt and proceed further.
(b) The cultural programme in connection with the event of
(i) Arulmighu Mariamman Temple festival at Melur, Vellakadai Post, Yercaud, Salem-636 602, on 16.04.2019 (ii) Arulmighu Sri Siruvar Pannariamman Temple Festival at Ramakrishnapuram, Coimbatore-641006 on 12.05.2019 (iii) Arulmighu Sri http://www.judis.nic.in Sakthi Mariamman Temple festival at Thottilpatti, Krishnasamy Street, Mettur, 5 Salem District on 12.04.2019 (iv) Arulmighu Sri Mariamman Temple festival at Pulla Goundampatti, Salem-637 104 on 13.04.2019 (v) Arulmighu Sri Velayutha Swamy Temple festival at Sivagiri, Erode District on 21.04.2019, shall be conducted between 06.00 p.m. and 10.00 p.m.
(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 functions 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
(i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.
(j) The respondents are directed to issue necessary permission, incorporating the above conditions.
05.04.2019 mpa/vsn Index:Yes/No Speaking/Non speaking order Note : Issue order copy on or before 10.04.2019 To http://www.judis.nic.in 6
1.The Superintendent of Police, Salem District, Salem.
2.The Inspector of Police, Yercaud Police Station, Salem District.
3.The Superintendent of Police, Coimbatore, Coimbatore District.
4.The Inspector of Police, E3 Saravanampatti Police Station, Coimbatore District.
5.The Superintendent of Police, Salem, Salem District.
6.The Inspector of Police, Karamanaikudal Police Station, Salem District.
7.The Superintendent of Police, Salem, Salem District.
8.The Inspector of Police, Thevur Police Station, Salem District.
9.The Superintendent of Police, Erode District, Erode.
10.The Inspector of Police, Sivagiri Police Station, Erode District.
11.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
http://www.judis.nic.in 7 mpa Crl.O.P.Nos.9319, 9321, 9322, 9324 and 9325 of 2019 05.04.2019 http://www.judis.nic.in