C.Mohankumar v. State Rep.By

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.13009 of 2019 C.Mohankumar .. Petitioner vs.

State Rep by The Inspector of Police, Veppankuppam Police Station, Veppankuppam Vellore District .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to direct the respondent authority to give police protection and permission to conduct Cultural programme ( Adal Padal Nigalchi) in the event of Chinnapalli Kuppam Arulmigu Sree Gengaiamman Temple Festival at Ambur Taluk, Vellore District on 19.05.2019 between 06.00PM and 11.00PM by considering the Petitioner's representation dated 03.05.2019.

For petitioner : MR.A.Sathishkumar For respondent : Ms.P.Kritika Kamal, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent to give police protection and permission to the petitioner to conduct a cultural programme (Adal Padal Nigalchi) scheduled to be held on 19.05.2019 between 06.00PM to 11.00PM in Chinnapalli Kuppam Arulmigu Sree Gengaiamman Temple Festival at Ambur Taluk, Vellore District by considering the petitioner representation dated 03.05.2019.

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 a resident of Ambur Taluk, Vellore District

where Chinnapalli Kuppam Arulmigu Sree Gengaiamman Temple Festival is situated. The temple festival will be celebrated in the said temple in a very grand manner and during the festival, the villagers planned to conduct Cultural programme (Adal Padal Nigalchi) on 19.05.2019 between 06.00PM to 11.00PM. In this regard, the petitioner gave a representation to the respondent on 03.05.2019. Since the permission was not granted, the present Criminal Original 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, the Criminal Original Petition is disposed of with the following directions:

The respondent/The Inspector of Police, Veppankuppam Police Station, Veppankuppam, Vellore District is directed to consider the representation of the petitioner, dated 03.05.2019 and to give permission and to provide police protection for Cultural Programme (Adal Padal Nigalchi) done by Chinnapalli Kuppam Arulmigu Sree Gengaiamman Temple Festival at Ambur Taluk, Vellore District, scheduled to be held on 19.05.2019 between 06.00PM to 11.00PM , subject to the following conditions; "(a) Cultural Programme (Adal Padal Nigalchi) done by Chinnapalli Kuppam Arulmigu Sree Gengaiamman Temple Festival at Ambur Taluk, Vellore District scheduled to be held on 19.05.2019, 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 police to impose any further restrictions or conditions purely in the interest of preserving public order and tranquillity. There can be a total ban for putting up any Flex Board representing any community political party or organization.

7.With the above directions, the Criminal Original Petition is disposed of. No costs.

Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar To The Inspector of Police, Veppankuppam Police Station, Veppankuppam Vellore District +1 cc to Mr.A.Sathish Kumar, Advocate, Sr.No. 43808 Crl.O.P.No.13009 of 2019 CSL/16.05.2019