G.Srinuvasan v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.23322 of 2019 G.Srinuvasan ... Petitioner Vs.

1.The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District-606 601.

2.The Inspector of Police, Mangalam Police Station, Tiruvannamalai Taluk, Tiruvannamalai District-606 805.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to grant permission to perform the program of 'Adal Padal' on 16.09.2019 at about 06.00 P.M to 11.00 P.M at "Sri Kanniamman Temple Festival" is situated at Sananandal Village, Kalasthambadi Post, Tiruvannamalai Taluk, Tiruvannamalai District and to provide adequate police protection based on the petitioner's representation dated 22.08.2019.

For Petitioner : Mr.S.Mayilnathan For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to grant permission to perform the program of 'Adal Padal' on 16.09.2019 at about 06.00 P.M to 11.00 P.M at "Sri Kanniamman Temple Festival" is situated at Sananandal Village, Kalasthambadi Post, Tiruvannamalai Taluk, Tiruvannamalai District and to provide adequate police protection based on the petitioner's representation dated 22.08.2019. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.The learned Additional Public Prosecutor, 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 petitioner is permitted to conduct cultural programme (Adal Padal) which is scheduled to be held on 16.09.2019 in "Sri Kanniamman Temple Festival" is situated at Sananandal Village, Kalasthambadi Post, Tiruvannamalai Taluk, Tiruvannamalai District , however with the following conditions:- (a) The cultural programme in the event of Adal Padal in "Sri Kanniamman Temple Festival" at Sananandal Village, Kalasthambadi Post, Tiruvannamalai Taluk, Tiruvannamalai District , on 16.09.2019 between 06.00 PM to 11.00 PM. (b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondent police towards police protection.

(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (d) Double meaning songs should not be played so as to spoil the minds of students and youths.

(e) No dance or songs, touching upon any political party or religion or community or caste shall be played. (f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(h) 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 (i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (j) The respondent is directed to issue necessary permission, incorporating the above conditions. 5.With the above directions, this Criminal Original Petition stands allowed.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar

To 1.The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District-606 601.

2.The Inspector of Police, Mangalam Police Station, Tiruvannamalai Taluk, Tiruvannamalai District-606 805.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.S.Mayilnathan, Advocate sr 74150. Crl.O.P.No.23322 of 2019 KJI(CO) SP(28/08/2019)