P.Velayudham, Aged 60 Years v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.03.2018
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No.9088 of 2018 P.Velayudham .. Petitioner Vs
1. The Superintendent of Police, Salem District, Salem.
2. The Inspector of Police, Thaaramangalam Police Station, Salem.
.. Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the respondents to grant permission and protection to conduct cultural programme on 30.03.2018 from 8p.m to 11pm in " Sri Puthu Mariyamman Temple Tidal, Arunachalam Pudhur Village, Thaaramangalam Post, Salem District by considering petitioner representation letter dated 15.03.2018. For Petitioner : Mr.C.Selvaraj For Respondents : Mr.C.Raghavan, Government Advocate(Crl.Side)
O R D E R
Seeking permission to conduct cultural programme in the event of " Sri Puthu Mariyamman Temple Tidal, Arunachalam Pudhur Village, Thaaramangalam Post, Salem District, the petitioner made a representation letter dated 15.03.2018 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 Government Advocate (Crl.Side) appearing for the respondent.
3.
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 criminal original petition is allowed and the petitioner is permitted to conduct cultural programme , however, with the following conditions:- (a) The cultural programme in connection with the event of "Mariyamman Temple situated at Sri Puthu Mariyamman Temple Tidal, Arunachalam Pudhur Village, Thaaramangalam Post, Salem District, shall be conducted on 30.03.2018 between 06.00 p.m. and 11.00 p.m.
(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (c) Double meaning songs should not be played so as to spoil the minds of students and youths.
(d) No dance or songs, touching upon any political party or religion or community or caste shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(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 (h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (i) The second respondent is directed to issue necessary protection and permission, incorporating the above conditions. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vv
To
1. The Superintendent of Police, Salem District, Salem.
2. The Inspector of Police, Thaaramangalam Police Station, Salem.
3. The Public Prosecutor, High Court, Madras.
+1 cc to Mr.C.Selvaraj Advocate sr 22715 Crl.OP.No.9088 of 2018 aa27/03/2018