Madras High Court
M.Dhanapal vs State Represented By on 6 March, 2020
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
CRL.OP.No.5329 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.03.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.OP.No.5329 of 2020
M.Dhanapal ... Petitioner
Vs
State represented by
The Inspector of Police,
Paramathi Police Station,
Paramathi
Namakkal District. ... Respondent
Prayer:- This Criminal Original Petition filed under Section 482 Cr.P.C.,
to direct the respondent authority to give police protection and permission
to conduct the cultural programme on 23.03.2020 at 6.00 p.m., to 11.00
p.m., in the event of Pillaikalathur Arulmighu Sree Mariamman Temple
Festival, Paramathi Velur Taluk, Namakkal District based on the
petitioner's representation dated 03.03.2020.
For Petitioner : Mr.A.Sathishkumar
For Respondent : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
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CRL.OP.No.5329 of 2020
ORDER
Seeking permission to conduct cultural programme in the event of Pillaikalathur Arulmigu Sree Mariamman Temple Festival at Paramtahi Velur Taluk, Namakkal District, the petitioner made a representation dated 03.03.2020 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 is permitted to conduct cultural programme in the event of Pillaikalathur Arulmigu Sree Mariamman Temple Festival at Paramathi 2/5 http://www.judis.nic.in CRL.OP.No.5329 of 2020 Velur Taluk, Namakkal District, however with the following conditions:-
(a) The cultural programme in connection with the event of Pillaikalathur Arulmigu Sree Mariamman Temple Festival at Paramtahi 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
(i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.3/5
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(j) The respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Criminal Original Petition stands allowed.
06.03.2020 (2/3) Index:Yes/No Web:Yes/No Speaking/Non Speaking dua/kmm Note: Issue order copy on 20.03.2020 To
1. The Inspector of Police, Paramathi Police Station, Paramathi Namakkal District.
2.The Public Prosecutor High Court, Madras.
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