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Madras High Court

R.Periyasamy vs The Inspector Of Police on 27 December, 2018

Author: Krishnan Ramasamy

Bench: Krishnan Ramasamy

                                                                  1

                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 27.12.2018

                                                            CORAM

                             THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

                                                Crl.O.P.No.30641 of 2018

                     R.Periyasamy                                                      ... Petitioner

                                                                  Vs



                     The Inspector of Police,
                     Shoolagiri Police Station,
                     Shoolagiri,
                     Krishnagiri 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 Kottaiyur Village Arulmigu Sree Mariamman
                     Temple Festival at Shoolagiri Taluk, Krishnagiri District on 16.01.2019
                     between 06.00 PM to 11.00 PM by considering the Petitioner's
                     representation dated 12.12.2018.
                                           For Petitioner         : Mr.A.Sathishkumar
                                           For Respondent         : Mr.T.Shanmuga Rajeswaran
                                                                    Government Advocate
                                                           ORDER

Seeking permission to conduct cultural programme in the Kottaiyur Village Arulmigu Sree Mariamman Temple Festival at Shoolagiri Taluk, Krishnagiri District to be held on 16.01.2019, the http://www.judis.nic.in 2 petitioner addressed a representation dated 12.12.2018 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 Kottaiyur Village Arulmigu Sree Mariamman Temple Festival at Shoolagiri Taluk, Krishnagiri District, scheduled to be held on 16.01.2019 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 writ petition is disposed of, by permitting the petitioner to conduct cultural programme in the Kottaiyur Village Arulmigu Sree Mariamman Temple Festival at Shoolagiri Taluk, Krishnagiri District scheduled to be held on 16.01.2019, with the following conditions:-

http://www.judis.nic.in 3
(a) The cultural programme in connection with the Kottaiyur Village Arulmigu Sree Mariamman Temple Festival at Shoolagiri Taluk, Krishnagiri District shall be conducted on 16.01.2019 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 http://www.judis.nic.in 4 KRISHNAN RAMASAMY, J.

lok

(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.

27.12.2018 Index : Yes/No lok Note : Issue order copy on 28.12.2018 To The Inspector of Police, Shoolagiri Police Station, Shoolagiri, Krishnagiri District.

Crl.O.P.No.30641 of 2018 http://www.judis.nic.in