Madras High Court
E.Govindaraj vs The Superintendent Of Police on 22 April, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.10470 of 2019
E.Govindaraj ... Petitioner
Vs.
1.The Superintendent of Police,
Villupuram,
Villupuram District-606 001.
2.The Inspector of Police,
Moongil Thuraipattu Police Station,
Sankarapuram Taluk,
Villupuram District 606 802. ... Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to issue
direction to the respondent to grant permission to perform the program of
'Adal Padal' on 30.04.2019 at about 06.00 P.M. To 11.00 P.M. At “Sri
Mariamman Temple Festival” situated at Arumbarambattu Village,
Sirpadanallur Post, Sankarapuram Taluk, Viluppuram District and to provide
adequate police protection based on the petitioner's representations dated
09.04.2019.
For Petitioner : Mr.S.Mayilnathan
For Respondents : Mr.C.Raghavan
Government Advocate (Crl.side)
ORDER
http://www.judis.nic.in 2 Seeking permission to conduct cultural programme in the event of “Sri Mariamman Temple Festival” situated at Arumbarambattu Village, Sirpadanallur Post, Sankarapuram Taluk, Viluppuram District, the petitioner made a representation dated 09.04.2019, to the 2nd 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 respondents.
3. The learned Government 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, the petitioner is permitted to conduct cultural programme in the event of “Sri Mariamman Temple Festival” situated at Arumbarambattu Village, Sirpadanallur Post, Sankarapuram Taluk, Viluppuram District on 30.04.2019, however with the following conditions:-
(a) The petitioner shall pay a sum of Rs.10,000/- (Rupees ten http://www.judis.nic.in 3 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.
(b) The cultural programme in connection with the event of “Sri Mariamman Temple Festival” situated at Arumbarambattu Village, Sirpadanallur Post, Sankarapuram Taluk, Viluppuram District shall be conducted on 30.04.2019 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 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
(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.
http://www.judis.nic.in 4
5. With the above directions, this Criminal Original Petition stands allowed.
22.04.2019 Issue order copy on or before 26.04.2019 Internet:Yes rm To:
1.The Superintendent of Police, Villupuram, Villupuram District-606 001.
2.The Inspector of Police, Moongil Thuraipattu Police Station, Sankarapuram Taluk, Villupuram District 606 802.
3.The Public Prosecutor, High Court, Madras.Crl.O.P.No.10470 of 2019
http://www.judis.nic.in