E.Kumaran, v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.05.2018
CORAM
THE HONOURABLE MRS. JUSTICE S.RAMATHILAGAM Crl.O.P.No.13247/2018 E.Kumaran .. Petitioner Vs The State of Tamilnadu, Represented by its, Inspector of Police, Vadavanakampadi Police Station, Vandavasi, Thiruvannamalai District.
.. Respondent Prayer:
Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to grant permission and protection to conduct cultural program (Dance and Music Program) in the Sri Iyyanar Veliappa Swamitemble situated at Velanthangal Village, Enthal Post, Vandavasi Taluk, Thiruvannamalai District. Scheduled to be held on 30.05.2018 from 6.00 p.m to 11.00 p.m. by considering petitioner's letter dated 23.04.2018. For Petitioner :
Mr.N.Desinghu For Respondent :
Mrs.P. Kritika Kamal Govt. Advocate [Crl.Side]
O R D E R
Seeking permission to conduct cultural programme (Dance and Music Program) in the event of Sri Iyyanar Veliappa Swamitemble situated at Velanthangal Village, Enthal Post, Vandavasi Taluk, Thiruvannamalai District, on 30.05.2018, the petitioner made a representation on 23.04.2018 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 cultural programme (Dance and Music Program) during Sri Iyyanar Veliappa Swamitemble situated at Velanthangal Village, Enthal Post, Vandavasi Taluk, Thiruvannamalai District, on 30.05.2018, however, with the following conditions:- (a) The cultural programme in connection with Sri Iyyanar Veliappa Swamitemble situated at Velanthangal Village, Enthal Post, Vandavasi Taluk, Thiruvannamalai District, on 30.05.2018, shall be conducted on 30.05.2018 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(Comp) //True Copy// Sub Assistant Registrar kv To
1. The Inspector of Police, Vadavanakampadi Police Station, Vandavasi, Thiruvannamalai District.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.N.Desinghu, Advocate, S.R.No.33596 Crl.O.P.No.13247/2018 SSI(CO) RRK(15/05/2018)