1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.04.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP(MD)No.3640 of 2011 R.Loganathan :Petitioner -Vs- 1)The Revenue Divisional Officer, Usilampatti, Madurai District. 2)The Deputy Superintendent of Police, Usilampatti, Madurai District. 3)The Sub-Inspector of Police, Vallandhur Police Station, Usilampatti Taluk, Madurai District. :Respondents Prayer:-Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order of the first respondent in O.M.No.1546/2011/A2 dated 21.03.2011 quash the same and consequently direct the first and second respondents to permit the petitioner to conduct the cultural programme. For Petitioner : Mr.B.Pugalendhi For Respondents : Mr.K.Balasubramanian,Addl.Govt.Pleader ORDER The petitioner is a Secretary of the Village Committee of Usilampatti Taluk, Madurai District. He would contend that there is a temple festival being conducted in the village temple between 01.04.2011 to 07.04.2011 During the said festival, they used to conduct drama, dance and Adal Padal programme. In this connection, they had applied for police protection to conduct the programme. Though the respondents have permitted to conduct function along with drama on 01.04.2011, 06.04.2011 and 07.04.2011, they have refused to grant permission for Adal Padal programme from 02.04.2011 to 05.04.2011. Aggrieved against the same, they have come forward with the present Writ Petition for a Mandamus directing the first and second respondents to permit the petitioner to conduct the cultural programme. 2.On notice, the third respondent has filed a counter affidavit stating that under the guise of Adal Padal Programme, the same is used for political propaganda including utilising political symbols as a tool for campaigning and it will create law and order problem and further the respondents would contend that under the guise of Adal Padal, obscene dances will be performed. Therefore, they have rightly rejected the permission to perform Adal Padal Programme. 3.In view of the above said counter, the petitioner has come forward with an affidavit today in which they have categorically undertaken that there will not be any obscene scenes or songs or movements in the dances and also there will not be any law and order problem as alleged by the respondents. Added further, he would contend that the said Adal Padal progamme will be not be used as a platform for political propaganda nor political symbols will be used for such programme. As the festival is being conducted every year, even though permission is not granted for four days, at least for one day, namely, on 05.04.2011, between 07.00 p.m. to 10.00 p.m, they may be permitted to do so. Heard both the parties. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The only request made by the petitioner is that he seeks permission for one day, namely, on 05.04.2011, to conduct Adal Padal programme for the village festival and that too, between 7.00 p.m. and 10.00 p.m. with a specific undertaking that no political propaganda will be done and no political symbol will be utilised during the programme and the said programme will be restricted between 7.00 p.m. and 10.00 p.m. 5.In this connection, earlier the Division Bench of this Court in W.P (MD).No.9559 of 2009 dated 24.09.2009 permitted such programmes to be conducted and directed the police to permit cultural programme with specific conditions and also with a specific direction to the police authorities to take action if there is any vulgar dance or vulgar scene are exhibited during the Adal Padal programme. Following the order of the Division Bench of this Court, I have granted similar permission in W.P(MD).No.2474 of 2011 dated 15.03.2011. The paragraph 7 of the order made in W.P(MD).No.2474 of 2011 dated 15.03.2011 is usefully extracted below:- “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 p.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.” 6.Therefore,taking into consideration of the limited request of the petitioner, the petitioner shall give a written request to the concerned respondents with a specific undertaking as stated above and on such a request made by the petitioner, the concerned respondents will permit the petitioner to have Adal Padal Programme on 05.04.2011 only between 07.00 p.m. and 10.00 p.m and at any cost, it will not go beyond 10.00 p.m. The respondents can impose conditions and the same will be followed by the petitioner. With the above directions and observations, this Writ Petition stands disposed of. No costs. Sd/- Deputy Registrar (Accounts) / TRUE COPY / Assistant Registrar To: 1)The Revenue Divisional Officer, Usilampatti, Madurai District. 2)The Deputy Superintendent of Police, Usilampatti, Madurai District. 3)The Sub-Inspector of Police, Vallandhur Police Station, Usilampatti Taluk, Madurai District. +1CC to Mr.B.Pugalendhi, Advocate. SR.No.12242. Ssm WP(MD)No.3640 of 2011 RP/01.04.2011/2P/5C. 01.04.2011. https://hcservices.ecourts.gov.in/hcservices/