S.Sriganth v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.05.2019
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13287 of 2019 S.Sriganth Petitioner Vs.
1.The Superintendent of Police, Vellore, Vellore District-632 001.
2.The Inspector of Police, Chinna Kadai Theru Police Station, Tirupattur Taluk, Vellore District-635 653.
Respondents PRAYER: Petition filed under Section 482 of the Criminal Procedure Code praying to issue a direction to the respondents to grant permission to perform the program of "Adal Padal" on 22.05.2019 at about 06.00 P.M to 11.00 P.M at "Sri Ponniamman Temple festival" is situated at Kudapattu Village, Kodumampalli Post, Tirupattur Taluk, Vellore District and to provide adequate police protection based on the petitioner's representations dated 04.05.2019.
For petitioner : Mr.S.Mayilnathan 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 (Adal Padal Nigalchi) on 22.05.2019 between 06.00 P.M. to 11.00 P.M. and give adequate police protection in Sri Ponniamman Temple at Kudapattu Village, Kodumampalli Post, Tirupattur Taluk, Vellore District.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
3.The learned counsel for the petitioner would submit that the petitioner is the resident of Kudapattu Village, Kodumampalli Post, Tirupattur Taluk, Vellore District where Sri Ponniamman 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 22.05.2019 between 06.00 P.M. to 11.00 P.M.. In this regard, the petitioner gave a representation to the respondent on 04.05.2019. Since no action has been taken, the present petition has been filed.
4. The learned Government Advocate appearing for the respondents, on instructions, would submit that the respondents 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 second respondent/The Inspector of Police, Chinna Kadai Theru Police Station, Tirupattur Taluk, Vellore District is directed to consider the representation of the petitioner, dated 04.05.2019 and to give permission and to provide police protection for Cultural Programme (Adal Padal Nigalchi) done by Sri Ponniamman Temple at Kudapattu Village, Kodumampalli Post, Tirupattur Taluk, Vellore District, scheduled to be held on 22.05.2019 between 06.00 P.M. to 11.00 P.M., subject to the following conditions;
"(a) Cultural Programme (Adal Padal Nigalchi) done by Sri Ponniamman Temple at Kudapattu Village, Kodumampalli Post, Tirupattur Taluk, Vellore District scheduled to be held on 22.05.2019, 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 second 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 tta To 1.The Superintendent of Police, Vellore, Vellore District-632 001.
2.The Inspector of Police, Chinna Kadai Theru Police Station, Tirupattur Taluk, Vellore District-635 653.
Copy To The Public Prosecutor, High Court, Madras
+1cc to Mr.S.Mayilnathan, Advocate SR.No.43968 Crl.O.P.No.13287 of 2019 GMY(23/05/2019)