IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.12.2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.28158 of 2010 K.Karthikeyan PETITIONER Vs 1. The Superintendent of Police Erode, Erode District 2. The Inspector of Police Kodumudi Police Station Kodumudi, Erode Taluk and District RESPONDENTS Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records from the file of the second respondent dated 2.12.2010 and quash the same and further direct the second respondent to give permission to the petitioner to hold the cultural and entertainment programmes as permissible under law during the festival of Sri Bhagavathiamman Temple, Kolathuppalayam Village, Erode Taluk and District on 25.12.2010 (saturday) 10 pm to 1 pm). For petitioner : Mr.SU.Srinivasan For respondents : Mr.S.Gopinathan Additional Government Pleader O R D E R Mr.S.Gopinathan, the learned Additional Government Pleader, takes notice for the respondents. 2. This writ petition has been filed challenging the order of the second respondent, dated 2.12.2010, refusing to grant permission to the petitioner to conduct a dance programme during the festival of Sri Bhagavathiamman Temple, at Kolathuppalayam Village, Erode District. 3. The main contention of the learned counsel appearing for the petitioner is that the respondents did not have the authority or jurisdiction to pass a blanket order stating that the petitioner cannot organise or conduct dance programmes involving movie songs. https://hcservices.ecourts.gov.in/hcservices/ 4. The learned counsel appearing for the petitioner had also submitted that the second respondent had passed the impugned order, without giving an opportunity of hearing to the petitioner. 5. The learned counsel appearing for the petitioner had relied on certain earlier orders passed by this Court in support of his contentions. In the order, dated 22.1.2009, made in W.P.No.791 of 2009, (V.K.KARTHIKEYAN Vs. THE SUPERINTEDENT OF POLICE AND ANOTHER) and in the order, dated 12.8.2010, made in W.P.No.15952 of 2010, (S.SARAVANAN Vs. THE SUPERINTEDENT OF POLICE, NAMAKKAL DISTRICT, NAMAKKAL AND ANOTHER), this Court, in similar circumstances, as in the present case, had granted permission to the petitioners therein to conduct the dance programmes at the temple festivals concerned, by imposing certain specific conditions. 6. Per contra, the learned Additional Government Pleader appearing for the respondents had submitted that the respondents have the power to prevent the petitioner from organising dance programmes, which are obscene, indecent or lewd. Since, the dance programmes organised in such temple festivals are generally obscene and indecent, the second respondent had passed the impugned order, dated 2.12.2010, refusing to grant the permission to the petitioner to conduct the dance programme, during the festival of Sri Bhagavathiamman Temple, at Kolathuppalayam Village, Erode District. 7. Considering the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsels appearing for the parties concerned and in view of the earlier orders passed by this Court, relied on by the learned counsel appearing for the petitioner, this Court finds it appropriate to set aside the impugned order of the second respondent, dated 2.12.2010, and to direct the second respondent to grant the necessary permission to the petitioner, to conduct dance programmes, during the Sri Bhagavathiamman Temple festival at Kolathuppalayam Village, Erode District, subject to the petitioner submitting an affidavit of undertaking stating that the dance programmes would not be obscene, indecent or lewd and that they would be conducted in an orderly and disciplined manner, as per law and in accordance with the conditions imposed by the respondents. It is made clear that it would be open to the respondents and the other authorities concerned to initiate appropriate action against the petitioner and the others involved in conducting the dance programmes, if they violate the conditions imposed by the respondents and if the dance programmes are conducted in a manner contrary to the relevant provisions of law. The writ petition is ordered accordingly. No costs. lan Sd/- Deputy Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To: 1. The Superintendent of Police Erode, Erode District 2. The Inspector of Police Kodumudi Police Station Kodumudi, Erode Taluk and District + 1 cc to Mr. Su. Srinivasan, Advocate SR No.90261 + 1 cc to Government Pleader, SR No.90303 Writ Petition No.28158 of 2010 CK(CO) SR/20.12.2010 https://hcservices.ecourts.gov.in/hcservices/