Disposed

K.G.Mahendiran v. the Inspector of Police

Madras HC15 May 2019CRL OP/13025/2019

Case brief

AI extract

What is this about?

The High Court disposed of a Criminal Original Petition directing the police to grant permission and provide protection for a Cultural Programme during a temple festival, subject to strict conditions regarding time limits, content, and communal harmony.

What did the court decide?

Directed the respondent to grant permission and provide police protection for the Cultural Programme on 21.05.2019 from 06:00 PM to 11:00 PM, subject to specific conditions regarding content, time, an

K.G.Mahendiran Vs the Inspector of Police — Service and Employment | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.05.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.13025 of 2019

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K.G.Mahendiran

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Petitioner

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The Inspector of Police, Umarabath Police Station, Umarabath, Vellore District.

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Vs. Respondent

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PRAYER: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent authority to give police protection and permission to conduct Cultural Programme (Adal Padal Nigalchi) in the event of Govindapuram Arulmigu Sree Etiamman Temple Festival at Ambur Taluk, Vellore District on 21.05.2019 between 06.00 P.M. to 11.00 P.M. by considering the petitioner's representation dated 04.05.2019.

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For petitioner : Mr.C.Nandhakumar For respondent : Ms.P.Kritika Kamal, Government Advocate (Crl.Side) O R D E R

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This Criminal Original Petition has been filed to direct the respondent to grant permission to the petitioner for conducting Cultural Programme (Adal Padal Nigalchi) on 21.05.2019 between 06.00 P.M. to 11.00 P.M. and give adequate police protection in Govindapuram Arulmigu Sree Etiamman Temple at Ambur Taluk, Vellore District.

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

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3.The learned counsel for the petitioner would submit that the petitioner is the resident of Govindapuram, Venkatasamuthiram Post, Ambur Taluk, Vellore District where Arulmigu Sree Etiamman Temple is situated. The temple festival

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https://hcservices.ecourts.gov.in/hcservices/

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will be celebrated in a grand manner every year and during the festival, the villagers planned to conduct Cultural Programme (Adal Padal Nigalchi) on 21.05.2019 between 06.00 P.M. to 11.00 P.M.. In this regard, the petitioner gave a representation to the respondent on 04.05.2019. Since no action has been taken, the present petition has been filed.

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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.

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Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with the following directions:

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The respondent/The Inspector of Police, Umarabath Police Station, Umarabath, Vellore District is directed to consider the representation of the petitioner, dated 04.05.2019 and to give permission and to provide police protection for Cultural Programme (Adal Padal Nigalchi) done by Govindapuram Arulmigu Sree Etiamman Temple at Ambur Taluk, Vellore District, scheduled to be held on 21.05.2019 between 06.00 P.M. to 11.00 P.M., subject to the following conditions;

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"(a) Cultural Programme (Adal Padal Nigalchi) done by Govindapuram Arulmigu Sree Etiamman Temple at Ambur Taluk, Vellore District scheduled to be held on 21.05.2019, 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.

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(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.

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(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

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(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

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(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

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https://hcservices.ecourts.gov.in/hcservices/

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(h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.

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(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.

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7.In the result, this Criminal Original Petition is disposed

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of with the above directions. No costs.

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s/d-
Assistant Registrar(VO)
True Copy
Sub-Assistant Registrar
ay/mbi
To
1. The Inspector of Police,
Umarabath Police Station,
Umarabath,
Vellore District.
2. The Public Prosecutor
High Court, Madras 104.
+1 CC to Mr.C.Nandhakumar, Advocate sr 43851.

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Crl.O.P.No.13025 of 2019

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RK(CO) SP(17/05/2019)

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https://hcservices.ecourts.gov.in/hcservices/

K.G.Mahendiran v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

K.G.Mahendiran v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

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