M.Rathinavel v. The Inspector Of Police
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.12.2018
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Crl.O.P.No.30669 of 2018 M.Rathinavel ... Petitioner Vs The Inspector of Police, Thoppur Police Station, Thoppur, Dharmapuri District.
... Respondent This Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to issue direct the respondent authority to give police protection and permission to conduct the Cultural programme (Adal Padal) in the event of Thoppur Arulmigu Sree Arasamarathu Muniyappan Santhaipettai Temple Festival at Nallampalli Taluk, Dharmapuri District on 17.01.2019 between 06.00 PM to 11.00 PM by considering the Petitioner's representation dated 24.12.2018.
For Petitioner : Mr.A.Sathishkumar For Respondent : Mr.T.Shanmuga Rajeswaran Government Advocate
O R D E R
Seeking permission to conduct cultural programme in the Thoppur Arulmigu Sree Arasamarathu Muniyappan Santhaipettai Temple Festival at Nallampalli Taluk, Dharmapuri District to be held on 17.01.2019, the petitioner addressed a representation dated 24.12.2018 to the respondents. As the same has not been considered, the present petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent. 3.Since this Court, on earlier occasions, has not granted permission to conduct dance programme on the ground that obscene movements are involved in the dance performances, now, the petitioner assured that no such obscene dance movements will be there in the cultural programme to be conducted in the Thoppur Arulmigu Sree Arasamarathu Muniyappan Santhaipettai Temple Festival at Nallampalli Taluk, Dharmapuri District, scheduled to
be held on 17.01.2019 and whatever conditions this Court imposes for conducting the cultural programme, the same will be adhered to by the petitioner in letter and spirit.
4. In view of the assurance so given by the petitioner, this Crl Op is disposed of, by permitting the petitioner to conduct cultural programme in the Thoppur Arulmigu Sree Arasamarathu Muniyappan Santhaipettai Temple Festival at Nallampalli Taluk, Dharmapuri District scheduled to be held on 17.01.2019, with the following conditions:- (a) The cultural programme in connection with the Thoppur Arulmigu Sree Arasamarathu Muniyappan Santhaipettai Temple Festival at Nallampalli Taluk, Dharmapuri District shall be conducted on 17.01.2019 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 as they will 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 conducted beyond the permitted time limit. (i) The respondents are directed to issue necessary permission, incorporating the above conditions. No costs.
Sd/- Assistant Registrar(V/O) //True Copy// Sub Assistant Registrar lok
To The Inspector of Police, Thoppur Police Station, Thoppur, Dharmapuri District.
2. The Public Prosecutor High court, Madras.
+1cc to Mr.A.Sathish Kumar, Advocate, S.R.No. 90061 Crl.O.P.No.30669 of 2018 SSD(CO) GN(28/12/2018)