D.S.Pandiyan, Aged 52 Years, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2018
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.OP No.3743 of 2018 D.S.Pandiyan ... Petitioner Vs The Inspector of Police Virunchipuram Police Station Vellore District.
... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to grant permission and provide police protection to the petitioner's village to conduct the cultural program on the eve of the temple festival of the Arulmigu Poongavanathu Amman Temple (Sri Angala Parameshwari Amman) Perumal Nagar, Kizhmonavoor, Vellore District which is scheduled to be held on 15.02.2018 and 16.02.2018 based on the representation of the petitioner dated 05.02.2018 forthwith. *** For Petitioner : Mr.E.Kannadasan For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)
ORDER
Seeking permission to conduct cultural programme on the eve of the temple festival of the Arulmigu Poongavanathu Amman Temple (Sri Angala Parameshwari Amman) Perumal Nagar, Kizhmonavoor, Vellore District, which is scheduled to be held on 15.02.2018 and 16.02.2018, the petitioner has made a representation dated 05.02.2018 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 on the eve of the temple festival of the Arulmigu Poongavanathu Amman Temple (Sri Angala Parameshwari Amman) Perumal Nagar, Kizhmonavoor, Vellore District, shall be conducted on 15.02.2018 and 16.02.2018; (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(CO) //True Copy// Sub Assistant Registrar mm
To
1. The Inspector of Police Virunchipuram Police Station Vellore District.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.E.Kannadasan, Advocate, S.R.No.9855 Crl.OP No.3743 of 2018 GMR(CO) RRK(14/02/2018)