Madras High CourtCRL OP/13854/2019disposed of

M.Annadurai v. The Superintendent Of Police

2019-05-30Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.05.2019

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.13854 of 2019 M.Annadurai .. Petitioner -Vs1.The Superintendent of Police, Ariyalur District, Ariyalur.

2.The Sub-Inspector of Police, Vikramangalam Police Station, Ariyalur District.

.. Respondents Prayer: Criminal Original petition has been filed under Section 482 of Cr.P.C. to direct the 2nd respondent to grant permission and protection to conduct Cultural dance programme to be held on 31.05.2019 at Maha Throwpathaiamman Temple, Periyathirikonam, Ariyalur Taluk, Ariyalur District by considering the petitioner representation dated 15.05.2019.

For petitioner : Mr.M.R.Elavarasan For respondents: Ms.S.Thankira Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent to grant permission and protection to conduct Cultural dance programme to be held on 31.05.2019 at Maha Throwpathaiamman Temple, Periyathirikonam, Ariyalur District.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

3.The learned counsel for the petitioner would submit that the petitioner is the Chairman of Festival Committee of the Maha Throwpathaiamman Temple, Periyathirikonam, Ariyalur District. The temple festival will be celebrated in a grand manner every year and during the festival, the villagers planned to conduct Cultural Programme on 31.05.2019. In this regard, the petitioner gave a representation to the respondent on 15.05.2019. Since no action has been taken, the present petition has been filed.

4. The learned Government Advocate (Criminal Side) 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, the Criminal Original Petition is disposed of with the following directions:

The 2nd respondent/The Sub-Inspector of Police, Vikramangalam Police Station, Ariyalur District is directed to consider the representation of the petitioner, dated 15.05.2019 and to give permission and to provide police protection for Cultural Dance Programme done by Maha Throwpathaiamman Temple, Periyathirikonam, Ariyalur District, scheduled to be held on 31.05.2019, subject to the following conditions; (a) Cultural Programme (Adal Padal Nigalchi) done by Maha Throwpathaiamman Temple, Periyathirikonam, Ariyalur District scheduled to be held on 31.05.2019, 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/Sub-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 direction.

Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Ariyalur District, Ariyalur.

2. The Sub-Inspector of Police, Vikramangalam Police Station, Ariyalur District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.R.Elavarasan, Advocate sr.no.44409 Crl.O.P.No.13854 of 2019 nr 30/05/2019