K.Saravanan v. The Inspector Of Police/
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.06.2019
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.14106 of 2019 K.Saravanan .. Petitioner Vs.
The State Rep. By its Inspector of Police/Officer in-charge of Police Station, Gudiyatham Taluk Police Station, Vellore District.
.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent authority to give police protection and permission to conduct the cultural programme (Nattiya Boomi Palsuvai Thiraipada Nadanaa Programme) at Sri Mariamman Temple situated at Modikuppam Village, Gudiyatham Taluk, Vellore District on 07.06.2019 at night 7.00 p.m. to 10.00 p.m. by considering the petitioner's representation dated 28.05.2019. For Petitioner : Mr.M.Kaveri Selvam For Respondents : Mr.C.Raghavan Government Advocate
O R D E R
Seeking permission to conduct cultural programme in the event of the cultural programme (Nattiya Boomi Palsuvai Thiraipada Nadanaa Programme) at Sri Mariamman Temple situated at Modikuppam Village, Gudiyatham Taluk, Vellore District, the petitioner made a representation dated 28.05.2019 to the
respondent. As the same has not been considered, the present Criminal Original petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.
3. The learned Government Advocate (Criminal Side), on instructions, would submit that there is likelihood of arising law and order problem.
4. A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter, the petitioner is permitted to conduct cultural programme in the event of the cultural programme (Nattiya Boomi Palsuvai Thiraipada Nadanaa Programme) at Sri Mariamman Temple situated at Modikuppam Village, Gudiyatham Taluk, Vellore District on 07.06.2019, however with the following conditions:- (a) The cultural programme in connection with the event of the cultural programme (Nattiya Boomi Palsuvai Thiraipada Nadanaa Programme) at Sri Mariamman Temple situated at Modikuppam Village, Gudiyatham Taluk, Vellore District, shall be conducted on 07.06.2019 between 07.00 p.m. and 10.00 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 so as to 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 played beyond the permitted time limit.
(i) The respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Criminal Original Petition stands allowed.
04.06.2019 Speaking/Non speaking order Index :Yes/No Internet:Yes/No kal Note: Issue Order Copy on 04.06.2019
N. ANAND VENKATESH,J kal To 1.The Inspector of Police/Officer in-charge of Police Station, Gudiyatham Taluk Police Station, Vellore District.
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.14106 of 2019 04.06.2019