T.M.Sathasivam, Aged 58 Years, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.05.2018

CORAM

THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM Crl.O.P.No. 12842 of 2018 T.M.Sathasivam .. Petitioner Vs

1. The Superintendent of Police Erode District Erode.

2. The Sub Inspector of Police Vellithiruppur Police Station Erode District.

.. Respondents Prayer:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code pleased to direct the respondents herein to give suitable police protection to the cultural dance program to be held on 10.05.2018 along with the Festival of Arulmigu Sri Gowri Mariamman temple situated in Vellithiruppur, Anthiyur Taluk, Erode District.

For Petitioner :

Mr.R.Arundatian For Respondent :

Ms.Kritika Kamal Government Advocate

O R D E R

Seeking permission to conduct cultural programme to be held on 10.05.2018 along with the Festival of Arulmigu Sri Gowri Mariamman temple situated in Vellithiruppur, Anthiyur Taluk, Erode District. The petitioner made a representation 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 (Crl. side) appearing for the respondent.

3. Learned Government Advocate (Crl. 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 Criminal Original petition is allowed and the petitioner is permitted to conduct dance programme to be held on 10.05.2018 along with the Festival of Arulmigu Sri Gowri Mariamman temple situated in Vellithiruppur, Anthiyur Taluk, Erode District., however, with the following conditions:- (a) The cultural programme in connection with in the event Festival of Arulmigu Sri Gowri Mariamman temple situated in Vellithiruppur, Anthiyur Taluk, Erode District. shall be conducted on 10.05.2018 between 06.30 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 permission, incorporating the above conditions. Sd/- Vacation Officer/Assist Registrar //True Copy// Sub Assistant Registrar

To

1. The Superintendent of Police Erode District Erode.

2. The Sub Inspector of Police Vellithiruppur Police Station Erode District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.Arun Dattan Advocate sr 33130 Crl.O.P.No. 12842 of 2018 aa08/05/2018