Allowed

M.Thangaraj v. State Rep by

Madras HC10 Jan 2020CRL OP/734/2020

Case brief

AI extract

What is this about?

A Criminal Original Petition seeking police protection and permission to conduct a cultural programme during a temple festival was disposed of by granting the sought permission subject to conditions regarding content, cost, and public order.

What did the court decide?

Permission to conduct the cultural programme granted subject to conditions including payment of police cost, prohibition of obscene/political content, and adherence to time limits; respondent directed

M.Thangaraj Vs State Rep by — Constitutional and Fundamental Rights | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 10.01.2020 CORAM THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.734 of 2020

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M.Thangaraj

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Vs.

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State Rep. by The Inspector of Police, Magudanchavadi Police Station, Magudanchavadi, Salem District. ... Respondent

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent authority to give police protection and permission to conduct Cultural Programme (Adal Padal Nigalchi) in the event of Thappakuttai Village Karuppagoundanur Arulmigu Sree Sakthi Vinayagar Temple Festival at Sangakiri Taluk, Salem District on 17.01.2020 between 06.00 P.M. to 11.00 P.M. by considering the petitioner's representation dated 07.01.2020.

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For Respondent : Mr.M.Mohamed Riyaz,

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Additional Public Prosecutor

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O R D E R

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This petition has been filed to direct the respondent authority to give police protection and permission to conduct Cultural Programme (Adal Padal Nigalchi) in the event of Thappakuttai Village Karuppagoundanur Arulmigu Sree Sakthi Vinayagar Temple Festival at Sangakiri Taluk, Salem District on 17.01.2020 between 06.00 P.M. to 11.00 P.M. by considering the petitioner's representation dated 07.01.2020.

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Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

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1/3

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

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The learned Government Advocate, 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 cultural programme in the event of “Thappakuttai Village Karuppagoundanur Arulmigu Sree Sakthi Vinayagar Temple Festival at Sangakiri Taluk, Salem District”, however with the following conditions:-

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(a) The cultural programme in connection with the event of “Thappakuttai Village Karuppagoundanur Arulmigu Sree Sakthi Vinayagar Temple Festival at Sangakiri Taluk, Salem District”, on 17.01.2020 from 06.00 p.m. to 11.00 p.m.

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(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondent police towards police protection.

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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.

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

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

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(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

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

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(j) The respondent is directed to issue necessary permission, incorporating the above conditions.

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

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5.With the above directions, this Criminal Original Petition stands disposed of.

-s/d-

Assistant Registrar

True Copy

Sub-Assistant Registrar

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1.The Inspector of Police, Magudanchavadi Police Station, Magudanchavadi,

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Salem District.

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2.The Public Prosecutor,

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Madras High Court,

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Chennai.

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+1 cc to Mr.A.Sathish kumar Advocate sr2611

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CRL.O.P.No.734 of 2020

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aa13/01/2020

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3/3

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

M.Thangaraj v. State Rep by

Case brief

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M.Thangaraj v. State Rep by

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