P.Mathivanan, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.05.2018
CORAM
THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM Crl.O.P.No.12999 of 2018 P.Mathivanan .. Petitioner Vs.
The Inspector of Police, Thimmampettai Police Station, Thimmampettai, Vellore District.
.. Respondent Prayer:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code pleased to directing the respondent to consider the petitioner's representation dated 30.04.2018 and to give adequate police protection in order to conduct the cultural program which is schedule to be held on 23.05.2018 in Arulmighu Aanachiyamman Temple situated at Javvadhu Rama Samuthiram Village, Narayanapuram via, Alasandhapuram Post, Vaniyambadi Taluk, Vellore District. For Petitioner : Mr.D.Jagadeesan For Respondent :
Mrs.P.Kritika Kamal Government Advocate (Crl. Side)
O R D E R
Seeking permission to conduct cultural programme which is schedule to be held on 23.05.2018 in Arulmighu Aanachiyamman Temple situated at Javvadhu Rama Samuthiram Village, Narayanapuram via, Alasandhapuram Post, Vaniyambadi Taluk, Vellore District., the petitioner made a representation dated 30.04.2018 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 in the event of cultural which is schedule to be held on 23.05.2018 in Arulmighu Aanachiyamman Temple situated at Javvadhu Rama Samuthiram Village, Narayanapuram via, Alasandhapuram Post, Vaniyambadi Taluk, Vellore District. however, with the following conditions:- (a) The cultural programme which is schedule to be held on 23.05.2018 in Arulmighu Aanachiyamman Temple situated at Javvadhu Rama Samuthiram Village, Narayanapuram via, Alasandhapuram Post, Vaniyambadi Taluk, Vellore District., shall be conducted 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 //True Copy// Sub Assistant Registrar
kas To
1. The Inspector of Police, Thimmampettai Police Station, Thimmampettai, Vellore District.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.D.JAGADEESAN, Advocate, S.R.No. 33096 Crl.O.P.No.12999 of 2018 SSI(CO) TR(07/05/2018)