S.Elango v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2017
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No.27316 of 2017 S.Elango .. Petitioner Vs The Inspector of Police, Kankeyam Police Station, Thiruppur District.
.. Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the respondent to give protection and permission to conduct cultural programme (Adal Padal) at Nathakadaiyur Arulmighu Sri Mariamman Temple Festival at Thiruppur District on 27.12.2017 by considering the petitioner's representation dated 07.12.2017.
For Petitioner : Mr. P.Lakshmikanthan For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor - - - -
O R D E R
Seeking permission to conduct cultural programme in the event of Nathakadaiyur Arulmighu Sri Mariamman Temple Festival at Thiruppur District, the petitioner made a representation dated 07.12.2017 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 Additional Public Prosecutor appearing for the respondent.
3. Learned Additional Public Prosecutor, 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 criminal original petition is allowed and the petitioner is permitted to conduct cultural programme , however, with the following conditions:- (a) The cultural programme in connection with the event of Nathakadaiyur Arulmighu Sri Mariamman Temple Festival at Thiruppur District , shall be conducted on 27.12.2017 between 06.00 p.m. and 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 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 protection and permission, incorporating the above conditions. 13.12.2017 Index : Yes/No Internet : Yes/No ak Note : Issue order copy on 18.12.2017 To
1. The Inspector of Police, Kankeyam Police Station, Thiruppur District.
2. The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
ak Crl.OP.No.27316 of 2017 13.12.2017