1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD).No.9091 of 2011 Pandiyan ... Petitioner Vs. 1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Aranthangi, Pudukottai District. 2.The Inspector of Police, Aranthangi Police Station,Pudukottai District. 3.The Sub-Inspector of Police, Aranthangi Police Station, Pudukottai District. ... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to quash the impugned order dated 08.08.2011 passed by the Respondent No.3 and consequently direct the respondents to grant permission for conducting dance programme during the festival of Vinayagar Chathurthi in Aliyanilai Village, Aranthangi Taluk, Pudukkottai District on 01.09.2011 between 09.00 p.m and 11.00 p.m. For petitioner : Mr.S.M.A.Jinnah For respondents : Mr.M.Govindan, Special Govt. Pleader ORDER The petitioner has come forward with this writ petition to quash the order, dated 08.08.2011, passed by the third respondent and to direct the respondents to grant permission for conducting dance programme during the festival of Vinayagar Chathurthi in Aliyanilai Village, Aranthangi Taluk, Pudukkottai District on 01.09.2011 between 09.00 p.m and 11.00 p.m. 2. Heard Mr.S.M.A.Jinnah, learned Counsel appearing for the petitioner and Mr.M.Govindan, learned Special Government Pleader who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner has made a representation on 08.08.2011, seeking permission to perform "Natchathira Kalai Iravu" on the eve of the festival of Sri Vinayagar Chathurthi in Aliyanilai Village, Aranthangi Taluk, Pudukkottai District, which is scheduled to be held on 01.09.2011. 5. It is submitted by the learned Counsel for the petitioner that the third respondent declined to grant permission for the "Natchathira Kalai Iravu" stating that it will create law and order problem and if in such https://hcservices.ecourts.gov.in/hcservices/ 2 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 "Adal Padal programme" on the the occasion of the temple festival only on 01.09.2011 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 09.00 p.m. and 11.00 p.m. on 01.09.2011; (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. In view of the above, the order passed by the third respondent, dated 08.08.2011, is set aside. Accordingly, the writ petition is allowed. No costs. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR pm To 1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Aranthangi, Pudukottai District. 2.The Inspector of Police, Aranthangi Police Station, Pudukottai District. 3.The Sub-Inspector of Police,Aranthangi Police Station, Pudukottai Dist. 1CC TO SPL. GOVT PLEADER SR: 27775: DM::2011:AUGUST:23:: W.P.(MD).No.9091 of 2011 12.08.2011 2P:5C:: https://hcservices.ecourts.gov.in/hcservices/