J Prabhuchakravarthi M/36 v. The Inspector 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.9195 of 2018 J.Prabuchakravarthi .. Petitioner Vs The Inspector of Police, Mallur Police Station, Mallur,Salem District.

.. Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the respondent authority to give Police protection and permission to conduct cultural programme (Adal Padal) at Nilavarapatti Arulmigu Sree Mariamman Temple Festival at Salem Taluk and District on 14.04.2018 by considering the petitioner's representation dated 20.03.2018. For Petitioner : Mr.A.Sathish Kumar For Respondents : Mr.C.Raghavan, Government Advocate(Crl.Side)

O R D E R

Seeking permission to conduct cultural programme in the event of "Nilavarapatti Arulmigu Sree Mariamman Temple Festival at Salem Taluk and District, the petitioner made a representation dated 20.03.2018 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 " Nilavarapatti Arulmigu Sree Mariamman Temple Festival" at Salem Taluk and District, shall be conducted on 14.04.2018 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 respondent is directed to issue necessary protection and permission, incorporating the above conditions. Sd/- Assistant Registrar(CS -II) //True Copy// Sub Assistant Registrar vv

To

1. The Inspector of Police, Mallur Police Station, Mallur,Salem District.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.A. Sathishkumar, Advocate Sr.22045 Crl.OP.No.9195 of 2018 (CS-II) EU(27/03/2018)