B.Ganapathy, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.05.2018
CORAM
THE HONOURABLE MRS. JUSTICE S.RAMATHILAGAM Crl.O.P.No.13445 of 2018 B.Ganapathy S/o. Balaraman ... Petitioner Vs The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Vellore District.
... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to consider the petitioner's representation dated 08.05.2018 and to give adequate police protection in order to conduct the cultural and adventure program which is schedule to be held on 24.05.2018 in Sri Gangaiamman Temple situated at Dhanapal Street, Old Vaniyambadi, Devasthanam Post, Vaniyambadi Taluk, Vellore District. For Petitioner : Mr.D.Jagadeesan 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 Sri Gangaiamman Temple situated at Dhanapal Street, Old Vaniyambadi, Devasthanam Post, Vaniyambadi Taluk, Vellore District on 24.05.2018, the petitioner made a representation on 08.05.2018 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 in the event of Sri Gangaiamman Temple situated at Dhanapal Street, Old Vaniyambadi, Devasthanam Post, Vaniyambadi Taluk, Vellore District on 24.05.2018, however, with the following conditions:- (a) The cultural programme in connection with Sri Gangaiamman Temple situated at Dhanapal Street, Old Vaniyambadi, Devasthanam Post, Vaniyambadi Taluk, Vellore District, shall be conducted on 24.05.2018 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(CCC) //True Copy// Sub Assistant Registrar rts
To
1. The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Vellore District.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.D.JAGADEESAN, Advocate, S.R.No. 33447 Crl.O.P.No. 13445 of 2018 RK(CO) TR(14/05/2018)