M.Madeshwaran v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8215 of 2019 M.Madeshwaran .. Petitioner Vs.
The State, Represented by The Inspector of Police, Mathur Police Station, Krishnagiri District.
.. Respondent Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the respondent to grant permission and protection to conduct cultural programme [Dance, Music and Nattiyalaya Adal Padal Programme] in the Puthur Sri Mariyamman Maha Kumpapishegam Temple Festival situated at Puliyandappatti Village, Ottampatty Post, Pochampalli Taluk, Krishnagiri District scheduled to be held on 31.03.2019 from 7.00pm to 11.00pm. and considering the petitioner's representation dated 25.03.2019.
For Petitioner : Mr.J.Pradeep For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side) -----
ORDER
Seeking permission to conduct the cultural programme [Dance, Music and Nattiyalaya Adal Padal Programme] in the Puthur Sri Mariyamman Maha Kumpapishegam Temple Festival situated at Puliyandappatti Village, Ottampatty Post, Pochampalli Taluk, Krishnagiri District, based on the petitioner's representation dated 25.03.2019 to the respondent police. 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. The 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 petitioner is permitted to conduct cultural programme [Dance, Music and Nattiyalaya Adal Padal Programme] to be held on 31.03.2019 in the event of Puthur Sri Mariyamman Maha Kumpapishegam Temple Festival situated at Puliyandappatti Village, Ottampatty Post, Pochampalli Taluk, Krishnagiri District on 31.03.2019 between 06.00 p.m. to 10.00p.m., however with the following conditions:- (a) The cultural programme in connection with the event of [Dance, Music and Nattiyalaya Adal Padal Programme] in the event of Puthur Sri Mariyamman Maha Kumpapishegam Temple Festival situated at Puliyandappatti Village, Ottampatty Post, Pochampalli Taluk, Krishnagiri District, shall be conducted on 31.03.2019 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.
5. With the above directions, this Criminal Original Petition stands allowed.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar msm To
1. The Inspector of Police, Mathur Police Station, Krishnagiri District.
2.The Public Prosecutor High Court of Madras, Chennai.
+1cc to Mr.J.Pradeep,Advocate SR.No. 29052 Crl.O.P.No.8215 of 2019 A.SK(29/03/2019)