P.E.Samraj, M/A 57 Years, v. The Superintendent 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.13409/2018 P.E.Samraj .. Petitioner Vs 1.The Superintendent of Police Vellore District.
2.The Inspector of Police Kandili Police Station Vellore District.
.. Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent police to give permission to conduct cultural dance programme on 30.05.2018 Wednesday night in Sri Samundeeshwari Koil, situate at Kalnaarasampatti village, Natrampalli Taluk, Vellore, based on the representation dated 02.05.2018.
For Petitioner :
Mr.S.Silambuselvan For Respondents :
Mrs.P. Kritika Kamal Govt. Advocate [Crl.Side]
O R D E R
Seeking permission to conduct cultural programme in the event of Arulmigu Sree Samundeeswari Temple Festival, atKalnaarasampatti village, Natrampalli Taluk, Vellore, on 30.05.2018, the petitioner made a representation on 02.05.2018 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 respondents.
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 Arulmigu Sree Samundeeswari Temple Festival, atKalnaarasampatti village, Natrampalli Taluk, Vellore, on 30.05.2018, however, with the following conditions:- (a) The cultural programme in connection with Arulmigu Sree Samundeeswari Temple Festival, atKalnaarasampatti village, Natrampalli Taluk, Vellore, 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 2nd respondent is directed to issue necessary permission, incorporating the above conditions. 09.05.2018 Internet : Yes AP Note: Issue order copy on or before 28.05.2018.
S.RAMATHILAGAM, J.
AP To 1.The Superintendent of Police Vellore District.
2.The Inspector of Police Kandili Police Station Vellore District.
3. The Public Prosecutor, High Court, Madras.
Crl.O.P.No. 13409/2018 09.05.2018