1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD).No.8518 of 2011 P.Balu ... Petitioner Vs. 1.The Superintendent of Police, Pudukkottai District. 2.The Inspector of Police, Karaiyur Police Station, Karaiyur, Pudukottai District. ... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to give the permission and protection to "Audi Perukku" Festival of Sri Selva Vinayagar Kovil and Sri Alagu Thirumani Ayyanar Kovil, Navagudi Village, Arasamalai Post, Ponnamaravathy Taluk, Pudukottai District and Aadal Padal Dancing Programme of "Pudugai Rajini Vijaykumarin New Star Sindu Boys" on 03.08.2011 at 10.00 p.m. For petitioner : Mr.A.R.Senthilkumar For respondents : Mr.M.Govindan Special Government Pleader. ORDER The petitioner has come forward with this writ petition to issue a Writ of Mandamus to direct the respondents to give the permission and protection to "Audi Perukku" Festival of Sri Selva Vinayagar Kovil and Sri Alagu Thirumani Ayyanar Kovil, Navagudi Village, Arasamalai Post, Ponnamaravathy Taluk, Pudukottai District and Aadal Padal Dancing Programme of "Pudugai Rajini Vijaykumarin New Star Sindu Boys" on 03.08.2011 at 10.00 p.m. 2. Heard Mr.A.R.Senthilkumar, 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 made a representation on 23.07.2011, seeking permission to perform the cultural programme viz., "Adal Padal Programme" on the eve of the festival of Sri Selva Vinayagar Kovil and Sri Alagu Thirumani Ayyanar Kovil, Navagudi Village, Arasamalai Post, Ponnamaravathy Taluk, Pudukottai District, which is scheduled to be held on 03.08.2011. 5. It is submitted by the learned Counsel for the petitioner that the second respondent declined to grant permission for the "Adal Padal 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. https://hcservices.ecourts.gov.in/hcservices/ 2 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 "Aadal Padal Programme" on the the occasion of the temple festival only on 03.08.2011 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 03.08.2011; (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 (P & A) /True copy/ Sub Assistant Registrar(C.S) To 1.The Superintendent of Police, Pudukkottai District. 2.The Inspector of Police, Karaiyur Police Station, Karaiyur, Pudukottai District. +1. CC to Mr.A.R.Senthilkumar, Advocate, SR.No. 25606 ssl W.P.(MD).No.85 18 of 2011 02.08.2011 TR : 02.08.2011: 2p/4c : IT https://hcservices.ecourts.gov.in/hcservices/