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Madras High CourtCRL OP/7489/2019allowed

R.Seenuvasan v. The Inspector Of Police

2019-03-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 7489 of 2019 R.Seenuvasan .. Petitioner Vs The State of Tamilnadu, Represented by its, The Inspector of Police, Chinna Salem Police Station, Chinna Salem, Villupuram District - 606 201.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to directing the respondents to grant permission and protection to conduct cultural program (Dance and Music Program) in the Sri Muthumariyamman Temple Festival situated at No.206/3, Kattukottai, Kummakottai, Kaniyamoor, Villupuram District scheduled to be held on 27.03.2019 from 07.00 p.m. to 11.00 p.m. and considering by his representation dated 14.03.2019. For Petitioner : Mr.N.Desinghu For Respondent : Mr.C.Raghavan Government Advocate (Criminal Side)

O R D E R

Seeking permission to conduct cultural programme in the event of Sri Muthumariyamman Temple Festival at No.206/3, Kattukottai, Kummakottai, Kaniyamoor, Villupuram District, the petitioner made a representation dated 14.03.2019 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 Government Advocate (Criminal Side) appearing for the respondent.

3. The learned Government Advocate (Criminal 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 https://hcservices.ecourts.gov.in/hcservices/

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, this petition is allowed and the petitioner is permitted to conduct cultural programme in the event of Sri Muthumariyamman Temple Festival at No.206/3, Kattukottai, Kummakottai, Kaniyamoor, Villupuram District, however with the following conditions:- (a) The cultural programme in connection with the event of Sri Muthumariyamman Temple Festival at No.206/3, Kattukottai, Kummakottai, Kaniyamoor, Villupuram District shall be conducted on 27.03.2019 between 06.00 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. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ssr/vsnTo

1. The Inspector of Police, Chinna Salem Police Station, Chinna Salem,Villupuram District - 606 201.

2. The Public Prosecutor, High Court, Madras. +1cc to Mr.N.Desinghu, Advocate SR.No. 26142 Crl.O.P.No. 7489 of 2019 A.SK(25/03/2019) https://hcservices.ecourts.gov.in/hcservices/