Madras High Court
A.K.Jayachandiran vs The State Of Tamilnadu on 15 May, 2019
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
1
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.13212 of 2019
A.K.Jayachandiran Petitioner
Vs.
The State of Tamilnadu,
Represented by its,
Inspector of Police,
Puvanagiri Police Station,
Puvanagiri Taluk,
Cuddalore District – 608 501.
Respondent
PRAYER: Petition filed under Section 482 of the Criminal Procedure Code
praying to direct the respondent to grant permission and protection to
conduct cultural program (Dance and Music Program) in the Arulmigu Sri
Mariyamman Temple Festival situated at, Mudaliar Street, Ayipuram,
Kuriyamangalam Post, Puvanagiri Taluk, Cuddalore District. Scheduled to
be held on 30.05.2019 from 7.00 pm to 11.00 pm and considering by his
representation dated 08.05.2019.
http://www.judis.nic.in
2
For petitioner : Mr.N.Desinghu
For respondent : Ms.P.Kritika Kamal,
Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed to direct the respondent to grant permission and protection to conduct cultural program (Dance and Music Program) in the Arulmigu Sri Mariyamman Temple Festival situated at, Mudaliar Street, Ayipuram, Kuriyamangalam Post, Puvanagiri Taluk, Cuddalore District scheduled to be held on 30.05.2019 and considering by his representation dated 08.05.2019.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.
3.The learned counsel for the petitioner would submit that the petitioner is the resident of Ayipuram, Kuriyamangalam Post, Puvanagiri Taluk, Cuddalore District where Arulmigu Sri Mariyamman Temple is situated. The temple festival will be celebrated in a grand manner every http://www.judis.nic.in 3 year and during the festival, the villagers planned to conduct Cultural Programme (Dance and Music Program) on 30.05.2019. In this regard, the petitioner gave a representation to the respondent on 08.05.2019. Since no action has been taken, the present petition has been filed.
4. The learned Government Advocate appearing for the respondent, on instructions, would submit that the respondent 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, Puvanagiri Police Station, Puvanagiri Taluk, Cuddalore District – 608 501. is directed to consider the representation of the petitioner, dated 08.05.2019 and to give permission and to provide police protection for Cultural Programme (Dance and Music Program) done by Arulmigu Sri Mariyamman Temple Festival situated at, Mudaliar Street, Ayipuram, Kuriyamangalam Post, Puvanagiri Taluk, Cuddalore District, scheduled to be held on 30.05.2019 between 06.00 P.M. to 11.00 P.M., subject to the following conditions;
http://www.judis.nic.in 4 "(a) Cultural Programme (Dance and Music Program) done by Arulmigu Sri Mariyamman Temple Festival situated at, Mudaliar Street, Ayipuram, Kuriyamangalam Post, Puvanagiri Taluk, Cuddalore District scheduled to be held on 30.05.2019, should be completed before 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 5
(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."
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
http://www.judis.nic.in
6
A.D.JAGADISH CHANDIRA, J.
ay/mbi
To
The Inspector of Police,
The State of Tamilnadu,
Puvanagiri Police Station,
Puvanagiri Taluk,
Cuddalore District – 608 501.
Crl.O.P.No.13212 of 2019
http://www.judis.nic.in
7
Dated:15.05.2019
http://www.judis.nic.in