M.Mahalinga Gounder v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2018
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.O.P.(MD) No. 8356 of 2018 M. Mahalingam Gounder .. Petitioner Vs
1. The Superintendent of Police,
2. The Inspector of Police, Jiapuram Police Station, .. Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C, praying to direct the respondents to give protection and permission to conduct programme (Adal Padal) at Arulmigu Sri Bagavathi Amman Thirukovil, Kamanaickkanpatti, Pottavaithalai, Trichy District on 27.05.2018 by considering the petitioner's representation dated 04.05.2018.
For Petitioner : Mr.P. Sivachandran For Respondents : A.P.G. Ohm Chairma Prabhu Government Advocate (Crl. Side)
O R D E R
Seeking permission to conduct cultural programme in the event of Arulmigu Sri Bagavathi Amman Thirukovil, Kamanaickkanpatti, Pottavaithalai, Trichy District, the petitioner made a representation dated 04.05.2018 to the respondents. 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 , however, with the following conditions:- (a) The cultural programme in connection with the event of Arulmigu Sri Bagavathi Amman Thirukovil, Kamanaickkanpatti, Pottavaithalai, Trichy District, shall be conducted on 27.05.2018 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 respondents are directed to issue necessary protection and permission, incorporating the above conditions. (j) It is made clear that the concerned police officer shall give due consideration to any person, other than the petitioner, who may claim rights of conducting cultural programme and take a final decision after giving due consideration to such rival contentions. Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police,
2. The Inspector of Police, Jiapuram Police Station,
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC to Mr.P.Sivachandran Advocate in SR.No.65808. KSA/NS DS/JC/SAR-3 :23.05.2018: 3P/5C Crl.O.P.(MD) No. 8356 of 2018 17.05.2018