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Madras High CourtCRL OP/13045/2019disposed of

K.Siva Sankar v. State By

2019-05-15Honourable Mr Justice A.D.Jagadish Chandira3 pages

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.13045 of 2019 E.Siva Sankar, S/o.Elumalai, No.248, Bajanai Koil Street, Punnaipakkam Village, Vengal Post, Uthukottai Taluk, Thiruvallur District.

Petitioner Vs.

The Inspector of Police, C-5 Vengal Police Station, Thiruvallur District.

Respondent PRAYER: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent authority to give police protection and permission to conduct Cultural Programme which is scheduled to be held on 30.05.2019 at about 7.00 p.m. to 10.00 p.m. in Sri Grama Devi Sri Selliamman Temple situated at Punnaipakkam Village, Vengal Post, Uthukottai Taluk, Thiruvallur District, based on the petitioner's representation dated 13.05.2019.

For petitioner : Mr.K.G.Senthil Kumar 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 Cultural Programme which is scheduled to be held on 30.05.2019 at about 7.00 p.m. to 10.00 p.m. in Sri Grama Devi Sri Selliamman Temple situated at Punnaipakkam Village, Vengal Post, Uthukottai Taluk, Thiruvallur 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 resident of Bajanai Koil Street, Punnaipakkam Village, Vengal Post, Uthukottai Taluk, Thiruvallur District where Sri Grama Devi Sri Selliamman Temple is situated. The temple festival will be celebrated in a grand manner every year and during the festival, the villagers planned to conduct Cultural Programme (Adal Padal Nigalchi) on 30.05.2019 between 07.00 P.M. to 10.00 P.M.. In this regard, the petitioner gave a representation to the respondent on 13.05.2019. 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, C-5 Vengal Police Station,Thiruvallur District is directed to consider the representation of the petitioner, dated 13.05.2019 and to give permission and to provide police protection for Cultural Programme (Adal Padal Nigalchi) done by Sri Grama Devi Sri Selliamman Temple at Punnaipakkam Village, Vengal Post, Uthukottai Taluk, Thiruvallur District, scheduled to be held on 30.05.2019 between 07.00 P.M. to 10.00 P.M., subject to the following conditions;

"(a) Cultural Programme (Adal Padal Nigalchi) done by Sri Grama Devi Sri Selliamman Temple at Punnaipakkam Village, Vengal Post, Uthukottai Taluk, Thiruvallur District scheduled to be held on 30.05.2019, 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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ay/mbi To 1.The Inspector of Police, C-5 Vengal Police Station, Thiruvallur District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.G.Senthil Kumar, Advocate, S.R.No. 43781 Crl.O.P.No.13045 of 2019 AK(CO) GN(20/05/2019)