1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.2474 of 2011 C.Shanmugam, President, T.Keelaiyur Panchayat, Kundrandarkovil Union, Pudukkottai District. ..Petitioner Vs. 1.The Superintendent of Police, Pudukottai District. 2.The Inspector of Police, Mathur Police Station, Pudukottai District. ..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to give permission and protection for cultural programme to be held on 16.03.2011 in connection with Sri Visalikovil situated at Visalur, Kulathur Taluk, Pudukkottai District. For Petitioner : Mr.M.Rajarajan For Respondents : Mr.K.Balasubramanian, Additional Government Pleader. ORDER The prayer in the writ petition is to direct the respondents herein to give permission and protection for cultural programme to be held on 16.03.2011 in connection with Sri Visalikovil situated at Visalur, Kulathur Taluk, Pudukkottai District. 2.The petitioner who is the President of the T.Keelaiyur Panchayat, Kundrandarkovil Union, Pudukkottai District would contend that they are conducting temple festival conducted in the village in https://hcservices.ecourts.gov.in/hcservices/ 2 Arulmighu Sri Visalikovil wherein not only the villagers of T.Keelaiyur Panchayat but also the nearby villagers will participate. According to the petitioner, he filed an application before the second respondent on 24.02.2011 for granting permission to conduct Adal Padal programme in the temple festival. But the same was not granted till date. Hence, the present writ petition. 3.Learned counsel appearing for the petitioner would undertake that there will not be any obscene activities in the Adal Padal programme and it will be conducted properly in accordance with the rules and regulations. In support of his submissions, learned counsel for the petitioner also relied upon an unreported Division Bench decision of this Court made in W.P.No.9559 of 2009, dated 24.09.2009 and in W.P.No.1850 of 2011, dated 21.02.2011. 4.Learned Additional Government Pleader appearing for the respondents produced the counter affidavit filed by the second respondent, the Inspector of Police, Keeranur Police Station stating that they are not against performing of the temple festival and organising of cultural programme but under the guise of Adal Padal programme, if obscene dances and indecent performances are conducted which will create law and order problem. It is further stated in the counter affidavit that when it was permitted in respect of other temples for the last year, the obscene acts of the dancers created law and problem in various parts of Pudukottai District and criminal cases were also registered in Viralimalai Police Station and Vadakadu Police Station. In paragraph 9 of the counter affidavit, it is specifically stated that the respondents will not prevent the petitioner and other villagers from conducting temple festival and related decent cultural programmes. They have also no objection for conducting the dance festival without resorting to obscene or vulgar acts. 5.Heard the submissions made by the learned counsel on either side and perused the materials available on record. 6.The Division Bench of this Court in W.P.(MD)No.9559 of 2009, dated 24.09.2009 has categorically observed that the villagers will not tolerate such obscene programme to be conducted and police https://hcservices.ecourts.gov.in/hcservices/ 3 should grant permission for the cultural programmes and liberty was also given to the respondent police to take action, if any obscene or vulgar dances are performed or exhibited during the programme. 7.Following the Division Bench decisions of this Court made in W.P.No.9559 of 2009, dated 24.09.2009 and in W.P.No.1850 of 2011, dated 21.02.2011, as per the averments in paragraph 9 of the counter affidavit, the respondents are directed to grant permission to the petitioner to conduct Adal Padal programme on 17.03.2011 (Thursday) only between 7 a.m. to 10 p.m. However, it is made clear that there will not be any vulgar or obscene acts in the Adal Padal programme. It is also made clear that the programme will not be allowed to be conducted beyond 10 p.m. In the event of conducting any obscene or any vulgar dances, it is open to the respondent police to take action against the concerned as per law. 8.With the above direction, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukottai District. 2.The Inspector of Police, Mathur Police Station, Pudukottai District. +1cc to Mr.M.Rajarajan, Advocate, SR.No.6409 sms akm/16.3.11 /3p-4c/ Writ Petition (MD)No.2474 of 2011 15.03.2011 https://hcservices.ecourts.gov.in/hcservices/