1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD).No.8594 of 2011 K.Sathaiyha ... Petitioner Vs. 1.The Superintendent of Police, Pudukottai District. 2.The Sub-Inspector of Police, Aranthanki Police Station, Pudukkottai District. ... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the second respondent herein on 30.07.2011 and quash the same and consequently directing the respondents herein to give the permission for conducting "Gramia Natia Dancing programme" on 12.08.2011 in connection with the "Sri Veeramakaliamman Temple", Pudukottai District. For petitioner : Mr.K.Hemakarthikeyan For respondents : Mr.TR.janarthanam Additional Government Pleader. ORDER The petitioner has come forward with this writ petition to quash the order passed by the second respondent herein on 30.07.2011 and to direct the respondents herein to give the permission for conducting "Gramia Natia Dancing programme" on 12.08.2011 on the eve of the festival of "Sri Veeramakaliamman Temple", Aranthanki Taluk, Pudukottai District. 2. Heard Mr.K.Hemakarthikeyan, learned Counsel appearing for the petitioner and Mr.TR.Janarthanam, learned Additional Government Pleader who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The petitioner made a representation on 30.07.2011, seeking permission to perform the cultural programme viz., "Gramia Natia Dancing programme" on the eve of the festival of Sri Veeramakali Amman Temple, Aranthanki Taluk, Pudukottai District, which is scheduled to be held on 12.08.2011. 5. It is submitted by the learned Counsel for the petitioner that the second respondent declined to grant permission for the "Gramia Natia Dancing programme" stating that it will create law and order problem and if in such programme (i.e.) songs and dances, which are obscenely performed, it will lead to untoward incident. 6. In similar circumstances, the Division Bench of this Court has passed an order in W.P.(MD).No.6692 of 2010 dated 13.05.2010 as follows: "5.Having regard to the fact that the organisers are to have only the "adal padal dancing programme" without any obscene dance and following the judgment rendered in W.P.No.9559 of 2009, this petitioner is also permitted to have the function of "adal padal" on the occasion of the temple festival. But it is always open to the respondent Police to take action, if any obscene or vulgar dances are performed or exhibited during the function. The petitioner is also directed not to have any vulgar or obscene under the pretext of dance performance which is prohibited under law." 7. This Court has also, following the same, by order dated 04.07.2011 in W.P.(MD).No.6932 of 2011 granted such relief by imposing certain conditions. In the present case, the petitioner is given permission to conduct the "Gramia Natia Dancing programme" on the the occasion of the temple festival only on 12.08.2011 subject to the following conditions: (i) There will not be any obscene or vulgar dance during the performance by anyone of the participants or others; (ii) The dance performance should be restricted between 07.00 p.m. and 11.00 p.m. on 12.08.2011; (iii) If there is any violation of the above said conditions, the second respondent or the duly authorised Officer is entitled to take necessary action as per law and stop such performance; (iv) The second respondent is entitled to stop the dance programme, if it exceeds 11.00 p.m. (i.e.) the time limit specified. 8. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Superintendent of Police, Pudukottai District. 2.The Sub-Inspector of Police, Aranthanki Police Station, Pudukkottai District. +1cc to the Special Govt.Pleader, Sr.No.26449 pm ssk/09.08.2011 /4c -2p/- W.P.(MD).No.8594 of 2011 04.08.2011 https://hcservices.ecourts.gov.in/hcservices/