S.Murugavel, Aged 42 Years v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.05.2018

CORAM

THE HONOURABLE MRS. JUSTICE S.RAMATHILAGAM Crl.O.P.No.13141/2018 S.Murugavel .. Petitioner Vs The Sub Inspector of Police K.V.Kuppam Police Station Katpadi Taluk Vellore District 632 209.

.. Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent authority to give police protection and permission to conduct cultural programme [Adalum Padalum] at Shri Gengaiamman Temple Festival, Duraimulai Village, Kankuppam Post, Katpadi Taluk, Vellore District 632 209, on 11.05.2018 by considering the petitioner's representation dated 01.05.2018.

For Petitioner :

Mr.D.Balakrishnan For Respondent :

Mrs.P. Kritika Kamal Govt. Advocate [Crl.Side]

O R D E R

Seeking permission to conduct cultural programme in the event of Shri Gengaiamman Temple Festival, Duraimulai Village, Kankuppam Post, Katpadi Taluk, Vellore District 632 209, on 11.05.2018, the petitioner made a representation on 01.05.2018 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 cultural programme during Shri Gengaiamman Temple Festival, Duraimulai Village, Kankuppam Post, Katpadi https://hcservices.ecourts.gov.in/hcservices/

Taluk, Vellore District 632 209, on 11.05.2018, however, with the following conditions:- (a) The cultural programme in connection with Arulmigu Shri Gengaiamman Temple Festival, Duraimulai Village, Kankuppam Post, Katpadi Taluk, Vellore District 632 209, on 11.05.2018, shall be conducted on 11.05.2018 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 as it may 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/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar AP To 1.The Sub Inspector of Police K.V.Kuppam Police Station Katpadi Taluk, Vellore District 632 209.

2. The Public Prosecutor, High Court, Madras. +1cc to MR.D.Balakrishnan, Advocate Sr.No.33280 SSI(CO) sm:10.5.2018 Crl.O.P.No. 13141/2018 https://hcservices.ecourts.gov.in/hcservices/