D.Sakthivel v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.14244 of 2019 D.Sakthivel .. Petitioner Vs.

State Rep. by The Inspector of Police, Harur Taluk Police Station, Harur Taluk, Dharmapuri 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 Cultural Programme (Adal Padal Nigalchi) in the event of Achalvadi Village Arulmigu Sree Vinayagar & Murugan Temple Kumbabishekam Festival at Harur Taluk, Dharmapuri District on 14.06.2019 between 06.00 P.M. To 11.00 P.M. by considering the petitioner's representation dated 01.06.2019.

For Petitioner : Mr.A.Sathishkumar For Respondent : Mr.C.Raghavan Government Advocate

O R D E R

Seeking permission to conduct cultural programme in the event of 'Adal Padal Nigalchi' Festival and cultural and entertainment programme at Achalvadi Village Arulmigu Sree Vinayagar & Murugan Temple Kumbabishekam Festival at Harur Taluk, Dharmapuri District, the petitioner made a representation dated 01.06.2019 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 'Adal Padal Nigalchi' Festival and cultural and entertainment programme at Achalvadi Village Arulmigu Sree Vinayagar & Murugan Temple Kumbabishekam Festival at Harur Taluk, Dharmapuri District, however with the following conditions:- (a) The cultural programme in connection with the event of 'Adal Padal Nigalchi' Festival and cultural and entertainment programme at Achalvadi Village Arulmigu Sree Vinayagar & Murugan Temple Kumbabishekam Festival at Harur Taluk, Dharmapuri District, shall be conducted on 14.06.2019 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 VI) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Harur Taluk Police Station, Harur Taluk, Dharmapurai District.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.A.Sathish Kumar, Advocate, Sr.No. 45420 Crl.O.P.No.14244 of 2019 CSL/07.06.2019