Madras High Court
A.Dhanraj vs The Superintendent Of Police on 8 August, 2017
Author: M.S.Ramesh
Bench: M.S.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2017
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH
Crl.O.P.No.15978 of 2017
A.Dhanraj .. Petitioner
Vs
1.The Superintendent of Police,
District Police Office,
Sathuvachari,
Vellore - 632 009
Vellore.
2. The Inspector of Police,
Melpatti Police Station,
Melpatti,
Vellore District. .. Respondents
Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondents to give permission to conduct a festival dance program between 5.00p.m. to 11.00p.m. on 10.08.2017 at Arulmighu Sri Mariamman Thirukoil at Chinnathottalam Village, Pernambur Taluk, Vellore District by considering the petitioner's representation dated 01.08.2017.
For Petitioner : Mr.V.Prabhu
For Respondent : Mr.P.Govindarajan,
Additional Public Prosecutor
O R D E R
Seeking permission to conduct a festival dance program between 5.00p.m. to 11.00p.m. on 10.08.2017 at Arulmighu Sri Mariamman Thirukoil at Chinnathottalam Village, Pernambur Taluk, Vellore District, the petitioner made a representation dated 10.08.2017 to the respondents. As the same has not been considered, the present writ petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
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 a festival dance program between 5.00p.m. to 11.00p.m. on 10.08.2017 at Arulmighu Sri Mariamman Thirukoil at Chinnathottalam Village, Pernambur Taluk, Vellore District, however, with the following conditions:-
(a) The cultural programme in connection with in the event of Arulmighu Sri Mariamman Thirukoil at Chinnathottalam Village, Pernambur Taluk, Vellore District, shall be conducted on 10.08.2017 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 M.S.RAMESH, J.
smi
(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.
08.08.2017
Note: Issue copy of the order on 09.08.2017
Index : Yes/No
Speaking/Non speaking order
smi
To
1.The Superintendent of Police,
District Police Office,
Sathuvachari,
Vellore - 632 009
Vellore.
2. The Inspector of Police,
Melpatti Police Station,
Melpatti, Vellore District.
3.The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.15978 of 2017