Madras High Court
Kolumam K.Nagamuthu vs The Superintendent Of Police on 25 April, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.04.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.11076 of 2019
Kolumam K.Nagamuthu ... Petitioner
Vs.
1.The Superintendent of Police,
Tiruppur
Tiruppur District
2.Inspector of Police
Komaralingam Police Station
Komaralingam
Tiruppur District ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of
Criminal Procedure Code, to direct the 2nd respondent police to give
permission and police protection to conduct the dance programme in
the even of Sri Kottai Mariamman Koil Festival on 04.05.2019 at
Kolumam Village, Maduthukulam TK, Tiruppur District.
For Petitioner : Mr.K.T.S.Sivakumar
For Respondents : Mr.C.Raghavan
Govt. Advocate (Crl. Side)
ORDER
The Criminal Original Petition is filed under Section 482 of http://www.judis.nic.in 2 Criminal Procedure Code, to direct the 2nd respondent police to give permission and police protection to conduct the dance programme in the even of Sri Kottai Mariamman Koil Festival on 04.05.2019 at Kolumam Village, Maduthukulam TK, Tiruppur District.
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 Kottai Mariamman Koil Festival on 04.05.2019 at Kolumam Village, Maduthukulam TK, Tiruppur District, however with the following conditions:-
(a) 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.
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(b) The cultural programme in connection with the event of Sri Kottai Mariamman Koil Festival at Kolumam Village, Maduthukulam TK, Tiruppur District.shall be conducted on 04.05.2019 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.
http://www.judis.nic.in 4 G.K.ILANTHIRAIYAN, J.
kas
(j) The respondents are directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Criminal Original Petition stands allowed.
25.04.2019 Internet:Yes Index:Yes/No Speaking/Non speaking order kas Note : Issue order copy on 26.04.2019 To.
1.The Deputy Superintendent of Police, Gobichettipalayam 638 452
2.Inspector of Police Sirmigu Police Station Koundampadi Bhavani Taluk Erode (Dt) – 638 455
3.The Public Prosecutor High Court, Madras Crl.O.P.No.11076 of 2019 http://www.judis.nic.in