Allowed

P.Samu v. the Superintendent of Police

Madras HC9 May 2019CRL OP/12751/2019

Case brief

AI extract

What is this about?

The court allowed a Criminal Original Petition seeking permission to conduct an 'Adal Padal' programme during a temple festival. It held that mere apprehension of law and order issues is insufficient to reject the request and directed the issuance of permission with specific conditions to ensure peace and harmony.

What did the court decide?

Direction to respondents to issue necessary permission for the conduct of the Adal Padal programme subject to specific conditions regarding decorum, timing, and non-communalism.

P.Samu Vs the Superintendent of Police — Service and Employment | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.05.2019

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CORAM

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THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH

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Crl.O.P.No.12751 of 2019

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P.Samu ... Petitioner

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Vs.

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1.The Superintendent of Police, Vellore, Vellore District – 632 001.

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2.The Inspector of Police, Vaniyambadi Police Station, Vaniyambadi Taluk, Vellore District – 635 752. ... Respondents

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Prayer:

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Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, issue a direction to the respondent to grant permission to perform the program of 'Adal Padal' on 22.05.2019 at about 06.00p.m. to 11.00 p.m. at “Sri Muthu Mariamman Temple Festival” is situated at Kullappanur Village, Peddaveppampattu, Vallipattu Post, Vaniyambadi Taluk, Vellore District and to provide adequate police protection based on the petitioner's representation dated 01.05.2019.

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For Petitioner : Mr.S.Mayilanathan For Respondents : Ms.M.Prabhavathi Additional Public Prosecutor

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O R D E R

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Seeking permission to conduct Adal Padal programme in the event of Sri Muthu Mariamman Temple Festival situated at Kullappanur Village, Peddaveppampattu, Vallipattu Post, Vaniyambadi Taluk, Vellore District, the petitioner made a representation dated 01.05.2019 to the respondents. As the same has not been considered, the present Criminal Original petition has been filed.

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Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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https://hcservices.ecourts.gov.in/hcservices/

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The learned Additional Public Prosecutor, on instructions, would submit that there is likelihood of arising law and order problem.

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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 Adal Padal programme in the event of Sri Muthu Mariamman Temple Festival situated at Kullappanur Village, Peddaveppampattu, Vallipattu Post, Vaniyambadi Taluk, Vellore District, however with the following conditions:-

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(a) The Adal Padal programme in connection with the event of Sri Muthu Mariamman Temple Festival situated at Kullappanur Village, Peddaveppampattu, Vallipattu Post, Vaniyambadi Taluk, Vellore District, shall be conducted on 22.05.2019 between 06.00 p.m. and 11.00 p.m.

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(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

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(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.

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(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

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(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

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(g) 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

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(h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.

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(i) The respondents are directed to issue necessary permission, incorporating the above conditions.

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With the above directions, this Criminal Original Petition stands allowed.

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s/d-

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Assistant Registrar(VO)

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True Copy

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Sub-Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Superintendent of Police,
Vellore, Vellore District – 632 001.
2.The Inspector of Police,
Vaniyambadi Police Station,
Vaniyambadi Taluk,
Vellore District – 635 752.
3.The Public Prosecutor,
High Court, Madras.
+1 CC to Mr.S.Mayilanathan, Advocate sr 43456.
Crl.O.P.No.12751 of 2019
SAI(CO)
SP(16/05/2019)

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https://hcservices.ecourts.gov.in/hcservices/

P.Samu v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

P.Samu v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

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