1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD).No.8847 of 2011 and M.P.(MD)No.1 of 2011 S.Selvarethinam ... Petitioner Vs. 1. The Superintendent of Police, Pudukottai District. 2. The Sub-Inspector of Police, Aranthanki 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 call for the records relating to the impugned order passed by the second respondent herein on 04.08.2011 and quash the same and consequently, direct the respondents herein to give the permission for conducting gramia natiya dancing programme on 11.08.2011 in connection with Sri Arulmigu Veeramakali Amman Temple, Aranthangi, Pudukkottai District. For petitioner : Mr.K.K.Senthil For respondents : Mr.M.Govindan, Special Government Pleader. ORDER The petitioner has come forward with this writ petition to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the second respondent herein on on 04.08.2011 and quash the same and consequently, direct the respondents herein to give the permission for conducting gramia natiya dancing programme on 11.08.2011 in connection with Sri Arulmigu Veeramakali Amman Temple, Aranthangi, Pudukkottai District. 2. Heard Mr.K.K.Senthil, 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. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The petitioner has made a representation on 04.08.2011, seeking permission to perform the cultural programme viz., "gramiya natiya dancing program" on the eve of the festival of Sri Arulmigu Veeramakali Amman Temple, Aranthangi, Pudukkottai District, which is scheduled to be held on 11.08.2011. The said representation has been rejected by the Sub-Inspector of Police/second respondent stating that there was a law and order problem near Aranthanki in respect of "Aadal Padal Programme". 5. The petitioner seeks permission challenging the order of the Sub-Inspector of Police/second respondent rejecting his application to conduct the cinema based cultural programme in the temple festival to be held on 11.08.2011. 6. The learned Counsel for the petitioner states that there will be no obscenity or vulgarity in the performance and the artists are reputed cinema artists. The apprehension of the respondent police is without any basis. 7. 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." 8. 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 "Cinema based cultural Programme" on the the occasion of the temple festival only on 11.08.2011 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 11.08.2011; (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. https://hcservices.ecourts.gov.in/hcservices/ 3 9. The writ petition is disposed of as above. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1. The Superintendent of Police, Pudukottai District. 2. The Sub-Inspector of Police, Aranthanki Police Station, Pudukottai District +One cc to Mr.K.K.Senthil, Advocate, SR.No.26649 +One CC to The Spl.Govt. Pleader, SR.No.26771 ssl rl/5c – 10.8.2011 W.P.(MD).No.8847 of 2011 and M.P.(MD)No.1 of 2011 08.08.2011 https://hcservices.ecourts.gov.in/hcservices/