Madras High Court
N.P.Palani vs The Inspector Of Police on 15 May, 2019
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.05.2019
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.13041 of 2019
N.P.Palani Petitioner
Vs.
The Inspector of Police,
V3 Alangalayam Police Station,
Vellore District. Respondent
PRAYER: Petition filed under Section 482 of the Criminal Procedure Code
praying to direct the respondent to grant permission and police
protection to conduct the cultural event viz., Adal Padal (song and
Dance) Program to be held on 22.05.2019 at 06.00 P.M. onwards in
connection with the Temple festival of Sri Gengaiyamman Thirukovil,
Narasingapuram Village, Vaniyambadi Taluk, Vellore District, by
considering the petitioner's representation dated 06.05.2019.
For petitioner : Mr.S.Sathish
For respondents : Ms.P.Kritika Kamal,
Government Advocate (Crl.Side)
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ORDER
This Criminal Original Petition has been filed to direct the respondent to grant permission to the petitioner for conducting Adal Padal (song and Dance) Program on 22.05.2019 and give adequate police protection in Sri Gengaiyamman Thirukovil, Narasingapuram Village, Vaniyambadi Taluk, Vellore District.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
3.The learned counsel for the petitioner would submit that the petitioner is the President of the Temple Festival Committee in Sri Gengaiyamman Thirukovil, Narasingapuram Village, Vaniyambadi Taluk, Vellore District. The temple festival will be celebrated in a grand manner every year and during the festival, the villagers planned to conduct Cultural programme on 22.05.2019. In this regard, the petitioner gave a representation to the respondent on 06.05.2019. Since no action has been taken, the present petition has been filed. http://www.judis.nic.in 3
4. The learned Government Advocate appearing for the respondents, on instructions, would submit that the respondents have no serious objection. She further submitted that permission may be granted subject to stringent conditions.
5. Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with the following directions:
The respondent/The Inspector of Police, V3 Alangalayam Police Station, Vellore District is directed to consider the representation of the petitioner, dated 06.05.2019 and to give permission and to provide police protection for Adal Padal (song and Dance) Program done by Sri Gengaiyamman Thirukovil, Narasingapuram Village, Vaniyambadi Taluk, Vellore District, scheduled to be held on 22.05.2019, subject to the following conditions;
"(a) Adal Padal (song and Dance) Program done by Sri Gengaiyamman Thirukovil, Narasingapuram Village, Vaniyambadi Taluk, Vellore District scheduled to be held on 22.05.2019, should be completed before 11.00 p.m..
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(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 petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions."
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6.It is open to the respondent/ Inspector of police to impose any further restrictions or conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Board representing any community political party or organization.
7.In the result, this Criminal Original Petition is disposed of with the above directions. No costs.
15.05.2019
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-speaking Order
ay/mbi
To
The Inspector of Police,
V3 Alangalayam Police Station,
Vellore District.
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A.D.JAGADISH CHANDIRA, J.
ay/mbi
Crl.O.P.No.13041 of 2019
Dated:15.05.2019
http://www.judis.nic.in