1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.3078 of 2011 Sivakumar .. Petitioner Vs. 1.The Superintendent of Police, Pudukottai District. 2.The Sub-Inspector of Police, Nagudi Police Station, Nagudi, Pudukottai District. .. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus directing the respondents to give permission and protection for Arulmighu Sri Balasubramaniyaswamy and Sri Karuppaiyamman Temple's Panguni Festival and Music Dancing Programme at Kuganoor Kudiyiruppu, Aranthangi, Pudukottai District on 16.3.2011 at 10.00 p.m. For Petitioner : Mr.D.Muruganantham For Respondents : Mr.K.Balasubramanian Addl.Govt.Pleader ORDER The petitioner has applied to the second respondent seeking for a permission to conduct a 'Light Music Show with Dance' during Panguni Festival in the petitioner's village. Though the application was made on 09.03.2011 for the said function on 16.03.2011, till date they have not given any permission. Hence, he has come forward with a Mandamus. 2. The second respondent appeared in the Court in morning and through the learned Additional Government Pleader he would contend that under the guise of dance, vulgar dances and obscene acts are being performed which are not liked by the villagers. Therefore, there should be a severe restriction if any permission is granted to conduct the dance show. He would also contend that unless stringent conditions are imposed, they may misuse the permission. Heard both sides. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned counsel for the petitioner would rely upon a Division Bench of this Court stating that in similar circumstances this Court directed the police to permit the dance subject to certain conditions that there will not be any obscene activities. In this connection, the petitioner voluntarily filed an additional affidavit in the Court undertaking that they will not perform any obscene dances and that they will not use vulgar words during the dancing programme. They will strictly follow the conditions if any imposed by this Court. 4. Taking into consideration of the earlier Division Bench order of this Court in W.P.(MD).No.9559 of 2009 dated 24.09.2009 and W.P(MD).No.1850 of 2011, dated 21.02.2011, there will be a specific direction to the respondent to permit the petitioner to conduct the 'Light Music Show with Dance' today. i.e.on 16.03.2011. (Wednesday). It is further made clear that the petitioner has undertaken that there will not be any obscene dance and vulgar gestures made in the dance. It is further made clear that the dance will go upto 10.00 p.m only and the dance will not be permitted beyond 10.00 p.m. at any cost. The petitioner will strictly follow the rules as it is a mandatory that after 10.00 p.m no speaker will be allowed to be used. If there is any violation or any vulgar dance is performed, the respondent is at liberty to take necessary action against the petitioner in accordance with law. With the above direction, this Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukottai District. 2.The Sub-Inspector of Police, Nagudi Police Station, Nagudi, Pudukottai District. +1 CC to Mr.D.Muruganantham, Advocate (SR.No.6724) W.P.(MD).No.3078 of 2011 16.03.2011 ssm NSV/16.3.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/