High CourtsSingle Bench(2019) 03 MAD CK 0064

L. Ellappan vs Superintendent Of Police & Others

Madras High Court · Decided on 25 March 2019

HON’BLE JUDGES
G.K. Ilanthiraiyan, J
RESULT
Allowed
CASE NUMBER
Criminal Original Petition No. 7977 Of 2019

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Judgment

15 paragraphs · 381 words

G.K.Ilanthiraiyan, J

1.

Seeking permission to conduct the cultural programme [Dance Programme] to be held on 27.03.2019 in the event of Arulmighu Selliamman Koil at M.Jalagandapuram, S.N.Mangalam Post, Salem-636 106, based on the petitioner's representation dated 21.03.2019 to the second respondent police. As the same has not been considered, the present Criminal Original petition has been filed.

2.

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3.

The learned Government Advocate (Crl. Side), 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 [Dance Programme] in the event of Arulmighu Selliamman Koil at M.Jalagandapuram, S.N.Mangalam Post, Salem-636 106, on 27.03.2019 between 06.00 p.m. to 10.00p.m., however with the following conditions:-

(a) The cultural programme in connection with the event of Arulmighu Selliamman Koil at M.Jalagandapuram, S.N.Mangalam Post, Salem-636 106, shall be conducted on 27.03.2019 between 06.00 p.m. and 10.00 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 so as to 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 played beyond the permitted time limit.

(i) The respondent is directed to issue necessary permission, incorporating the above conditions.

5.

With the above directions, this Criminal Original Petition stands allowed.