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Judgment
G. K. Ilanthiraiyan, J
Seeking permission to conduct cultural programmes in the event of (i) Ponnapuram Arulmigu Sree Makaliamman Temple Festival at Dharapuram Taluk, Tiruppur District on 01.05.2019 (ii) Konarpalayam Arulmigu Sree Ongaliamman Temple Festival at Bhavani Taluk, Erode District on 01.05.2019 (iii) Majra Kollapatti Village Arulmigu Sree Sakthi Mariamman Temple festival at Salem Taluk & District on 03.05.2019 (iv) Mettur Village Arulmigu Sree Ainuru Amman Temple Festival at Sathiyamangalam Taluk, Erode District on 14.05.2019, the petitioners made representation dated 23.04.2019 to the respondents. As the same has not been considered, the present Criminal Original petition have been filed.
Heard the learned counsel appearing for the petitioners and the learned Govt. Advocate (Crl.side) appearing for the respondents.
The learned Govt. Advocate (Crl. Side), on instructions, would submit that there is likelihood of arising law and order problem.
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, these petitions are allowed and the petitioners are permitted to conduct cultural programme in the event of (i) Ponnapuram Arulmigu Sree Makaliamman Temple Festival at Dharapuram Taluk, Tiruppur District on 01.05.2019 (ii) Konarpalayam Arulmigu Sree Ongaliamman Temple Festival at Bhavani Taluk, Erode District on 01.05.2019 (iii) Majra Kollapatti Village Arulmigu Sree Sakthi Mariamman Temple festival at Salem Taluk & District on 03.05.2019 (iv) Mettur Village Arulmigu Sree Ainuru Amman Temple Festival at Sathiyamangalam Taluk, Erode District on 14.05.2019 however with the following conditions:-
(a) The petitioners shall pay a sum of Rs.10,000/- (Rupees ten thousand only) each, as charges, to the respondent Police and on receipt of the same, the respondent Police are directed to issue receipt and proceed further.
(b) The cultural programme in connection with the event of (i) Ponnapuram Arulmigu Sree Makaliamman Temple Festival at Dharapuram Taluk, Tiruppur District on 01.05.2019 (ii) Konarpalayam Arulmigu Sree Ongaliamman Temple Festival at Bhavani Taluk, Erode District on 01.05.2019 (iii) Majra Kollapatti Village Arulmigu Sree Sakthi Mariamman Temple festival at Salem Taluk & District on 03.05.2019 (iv) Mettur Village Arulmigu Sree Ainuru Amman Temple Festival at Sathiyamangalam Taluk, Erode District on 14.05.2019, shall be conducted between 06.00 p.m. and 10.00 p.m.
(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 functions 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 respondents are directed to issue necessary permission, incorporating the above conditions.