Madras High Court
M.Kathirvel vs The Inspector Of Police on 5 February, 2020
Author: P.Rajamanickam
Bench: P.Rajamanickam
Crl.OP.No.2315 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.02.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM
CRL.O.P.No.2315 of 2020
M.Kathirvel ... Petitioner
Vs.
1.The Inspector of Police,
Sooramangalam Police Station,
Salem District. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to direct the respondent to grant permission and
protection to conduct cultural programme (Dance and Music Program) in the Sri
Mariyamman Sri Thuliyamman Temple Festival situated at No.358, Ramasamy
Nagar, Thiruvaagoundanoor, Sooramangalam, Salem District, scheduled to be
held on 06.02.2020 from 06.00 PM to 11.00 PM and considering by his
representation dated 30.01.2020.
For Petitioner : Mr.N.Desinghu
For Respondent : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
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Crl.OP.No.2315 of 2020
ORDER
This petition has been filed to direct the respondent to grant permission and protection to conduct cultural programme (Dance and Music Program) in the Sri Mariyamman Sri Thuliyamman Temple Festival situated at No.358, Ramasamy Nagar, Thiruvaagoundanoor, Sooramangalam, Salem District, scheduled to be held on 06.02.2020 from 06.00 PM to 11.00 PM and considering by his representation dated 30.01.2020.
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, the petitioner is permitted to conduct cultural programme in the event of “Sri Mariyamman Sri Thuliyamman Temple Thiruvizha situated at No.358, Ramasamy Nagar, Thiruvaagoundanoor, Sooramangalam, Salem District, however with the following conditions:-
(a) The cultural programme in connection with the event of “Sri Mariyamman Sri Thuliyamman Temple Thiruvizha situated at No.358, Ramasamy Nagar, Thiruvaagoundanoor, Sooramangalam, Salem District” on 06.02.2020 between 06.00 P.M. to 11.00 P.M.
(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondent police towards police protection.2/4
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(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.
5.With the above directions, this Criminal Original Petition stands allowed.
05.02.2020 Index:yes/No Internet : Yes/No Speaking order/Non-speaking order drl Note: Issue order copy on 05.02.2020 3/4 http://www.judis.nic.in Crl.OP.No.2315 of 2020 P.RAJAMANICKAM.J., drl To
1.The Inspector of Police, Sooramangalam Police Station, Salem District.
2.The Public Prosecutor, Madras High Court, Chennai.
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