M.Velu Gounder v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12896 of 2019 M.Velu Gounder : Petitioner Vs.

The Inspector of Police, Kanniyambadi Police Station, Vellore District.

: Respondent PRAYER: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent to consider the petitioner representation dated 05.05.2019 for provide police protection and permission to conduct village folk dance and other cultural programs (Adal Padal) held on 17.05.2019 at Sri Gankaiyamman Temple situated at Kanniyampadi Pudur, Vellore - District.

For petitioner : Mr.T.Meganathan For respondent : Ms.P.Kritika Kamal, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent to grant permission to the petitioner for conducting village folk dance and other cultural programs (Adal Padal) on 17.05.2019 and give adequate police protection in Sri Gankaiyamman Temple situated at Kanniyampadi Pudur, Vellore - District.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent. 3.The learned counsel for the petitioner would submit that the petitioner is the Dharmakartha of Sri Gankaiyamman Temple situated at Kanniyampadi Pudur, Vellore - District. The temple festival will be celebrated in a grand manner every year and

during the festival, the villagers planned to conduct village folk dance and other cultural programs (Adal Padal) on 17.05.2019.

In this regard, the petitioner gave a representation to the respondent on 05.05.2019. Since no action has been taken, the present petition has been filed.

4. The learned Government Advocate appearing for the respondent, on instructions, would submit that the respondent have no serious objection. She further submitted that permission may be granted subject to stringent conditions.

5. Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with the following directions:

The respondent/The Inspector of Police, Kanniyambadi Police Station, Vellore District is directed to consider the representation of the petitioner, dated 05.05.2019 and to give permission and to provide police protection for village folk dance and other cultural programs (Adal Padal) done by Sri Gankaiyamman Temple situated at Kanniyampadi Pudur, Vellore - District, scheduled to be held on 17.05.2019, subject to the following conditions;

"(a) Village folk dance and other cultural programs (Adal Padal) done by Sri Gankaiyamman Temple situated at Kanniyampadi Pudur, Vellore - District scheduled to be held on 17.05.2019, should be completed before 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 as they will 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 conducted beyond the permitted time limit.

(i) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions."

6.It is open to the respondent/ Inspector of police to impose any further restrictions or conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Board representing any community, political party or organization.

7.In the result, this Criminal Original Petition is disposed of with the above directions. No costs.

To The Inspector of Police, Kanniyambadi Police Station, Vellore District.

+1 cc to Mr.T.Meganathan, Advocate, Sr.No. 43861 Crl.O.P.No.12896 of 2019 CSL/16.05.2019