Gajabathivarma v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5240 of 2019 Gajabathivarma ..Petitioner Vs.

State Rep. by The Inspector of Police, Kondapalayam Police Station, Sholingur,Vellore District.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to consider the petitioners representation dated 21.02.2019 and further direct the respondent to give permission to conduct Cultural Dance programme on 04.03.2019 Monday evening at temple named "Sri Siva Sakthi Arockiya Beedam"situated at Kaatrambakkam Mathura, Gopalapuram Village, Walajah Taluk, Vellore District. For Petitioner : Mr.S.Silambu Selvan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

Seeking permission to conduct cultural programme on 04.03.2019, in the event of Kaatrambakkam Mathura, Gopalapuram Village "Sri Siva Sakthi Arockiya Beedam" Temple at Walajah Taluk, Vellore District the petitioner made a representation dated 21.02.2019 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 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 Kaatrambakkam Mathura, Gopalapuram Village "Sri Siva Sakthi Arockiya Beedam" Temple at Walajah Taluk, Vellore https://hcservices.ecourts.gov.in/hcservices/

District, however with the following conditions:- (a) The cultural programme in connection with the event of Kaatrambakkam Mathura, Gopalapuram Village "Sri Siva Sakthi Arockiya Beedam" Temple at Walajah Taluk, Vellore District, shall be conducted on 04.03.2019 between 6.00 p.m. and 10.00 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 permission, incorporating the above conditions.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rri To 1.The Inspector of Police, Kondapalayam Police Station, Sholingur, Vellore District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Silambu Selvan, Advocate, S.R.No.17931 Crl.O.P.No.5240 of 2019 RSV(CO) rrs 01/03/2019 https://hcservices.ecourts.gov.in/hcservices/