S.R.Palanivel v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2019
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No.24317 of 2019 S.R.Palanivel .. Petitioner Vs State Rep by The Inspector of Police, Velagoundampatti Police Station, Velagoundampatti Namakkal District.
.. Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the respondent authority to give Police protection and permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Thondipattipudur Arulmigu Sree Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District on 16.09.2019 between 6.00 pm to 11.00 pm by considering the petitioner's representation dated 31.08.2019. For Petitioner : Mr.A.Sathishkumar For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor - - - -
O R D E R
Seeking permission to conduct cultural programme at Thondipattipudur Arulmigu Sree Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District on 16.09.2019, the petitioner made a representation dated 31.08.2019 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 Additional Public Prosecutor appearing for the respondent.
3. 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 criminal original petition is allowed and the petitioner is permitted to conduct cultural programme , however, with the following conditions:- (a) The cultural programme in connection with the event of Thondipattipudur Arulmigu Sree Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District shall be conducted on 16.09.2019 between 06.00 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 so as to 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 protection and permission, incorporating the above conditions. 09.09.2019 (4/4) Index : Yes/No Internet : Yes/No msv/hvk Note : Issue order copy through Website on 12.09.2019.
M.S.RAMESH, J.
msv/hvk To 1.The Inspector of Police, Velagoundampatti Police Station, Velagoundampatti Namakkal District.
2. The Additional Public Prosecutor, High Court, Madras.
Crl.OP.No.24317 of 2019 09.09.2019