D.Ellappan 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.14102 of 2019 D.Ellappan ... Petitioner Vs.

The Inspector of Police, Thimmampettai Police Station, Vaniyambadi Taluk, Vellore District.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to consider the petitioner's representation dated 30.05.2019 and to give adequate police protection in order to conduct the cultural programme which is scheduled to be held on 07.06.2019 in Sri Mariyamman Temple situated at Pullur Village, Avarankuppam Post, Ambalur Via, Vaniyambadi Taluk, Vellore District-635 801. For Petitioner : Mr.D.Jagadeesan 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 in Sri Mariyamman Temple situated at Pullur Village, Avarankuppam Post, Ambalur Via, Vaniyambadi Taluk, Vellore District-635 801, which is scheduled to be held on 07.06.2019, the petitioner made a representation dated 30.05.2019 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 respondent.

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 in Sri Mariyamman Temple situated at Pullur Village, Avarankuppam Post, Ambalur Via, Vaniyambadi Taluk, Vellore District-635 801 on 07.06.2019, however with the following conditions:- (a) The cultural programme in connection with the event of the cultural programme in Sri Mariyamman Temple situated at Pullur Village, Avarankuppam Post, Ambalur Via, Vaniyambadi Taluk, Vellore District-635 801, 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.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

To 1.The Inspector of Police, Thimmampettai Police Station, Vaniyambadi Taluk, Vellore District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Jagadeesan, Advocate Sr.44970 Crl.O.P.No.14102 of 2019 srg 6/6/2019