Madras High Court
M.Ganesan vs The Inspector Of Police on 20 February, 2020
Author: P.Rajamanickam
Bench: P.Rajamanickam
Crl.O.P.No.3785 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2020
CORAM
THE HON'BLE MR.JUSTICE P.RAJAMANICKAM
Crl.O.P.No.3785 of 2020
M.Ganesan ...Petitioner
-Vs-
The Inspector of Police,
Marakkanam Police Station,
Villuppuram District. ... Respondent
Prayer:
Criminal Original petition filed under Section 482 of Code of
Criminal Procedure, 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 08.03.2020 at 6.00 pm
onwards in connection with the Temple Festival of Sri Ellaiyamman
and Gangaiyamman Thirukovil, Koonimedukuppam village,
Marakkanam Taluk, Villuppuram District by considering the
petitioner's representation dated 13.02.2020.
For Petitioner : Mr.S.Sathish
For Respondent : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
*****
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Crl.O.P.No.3785 of 2020
ORDER
This Criminal Original Petition has been filed 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 08.03.2020 at 6.00 pm onwards in connection with the Temple Festival of Sri Ellaiyamman and Gangaiyamman Thirukovil, Koonimedukuppam village, Marakkanam Taluk, Villuppuram District by considering the petitioner's representation dated 13.02.2020.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. The 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 petitioner is permitted to conduct cultural programme in the event of “ Sri Ellaiyamman and Gangaiyamman Thirukovil Festival” situated at http://www.judis.nic.in 2/5 Crl.O.P.No.3785 of 2020 Koonimedukuppam village, Marakkanam Taluk, Villuppuram District on 08.03.2020 , however with the following conditions:-
(a) The aforesaid cultural programme shall be conducted on 08.03.2020 between 6.00 pm to 11.00 only.
(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondent police towards police protection.
(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(d) Double meaning songs should not be played so as to spoil the minds of students and youths.
(e) No dance or songs, touching upon any political party or religion or community or caste shall be played.
(f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(h) 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
(i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.
(j) The respondent is directed to issue necessary permission, incorporating the above conditions.
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5.With the above directions, this Criminal Original Petition disposed of.
20.02.2020
Index : Yes/No
Internet : Yes/No
mfa
Note: Issue Order Copy on or before 02.03.2020 To
1. The Inspector of Police, Marakkanam Police Station, Villuppuram District.
2.The Public Prosecutor, High Court, Madras.
http://www.judis.nic.in 4/5 Crl.O.P.No.3785 of 2020 P.RAJAMANICKAM, J.
mfa Crl.O.P.No.3785 of 2020 20.02.2020 http://www.judis.nic.in 5/5