1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2011 C O R A M THE HONOURABLE Mr.JUSTICE R.SUDHAKAR W.P.(MD)No.6932 of 2011 R.Perumal : Petitioner Vs. 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pudukkottai, Pudukkottai District. 2.The Inspector of Police, Gandarvakkottai Police Station, Gandarvakkottai, Pudukkottai District. 3.The Sub Inspector of Police, Athanakottai Police Station, Athanakottai, Pudukkottai District. : Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to grant permission and protection for Arulmigu Samayapuram Mariamman Temple at Seethapatti on 05.07.2011 and for the "Aadal Padal Dance Programme" on the night of 05.07.2011. For Petitioner ... Mr.K.Baalasundharam For Respondents ... Mr.R.Anandharaj, Govt.Advocate for R1 to R3 ORDER The petitioner has come up with the present writ petition to direct the respondents to grant permission and protection for Arulmigu Samayapuram Mariamman Temple at Seethapatti on 05.07.2011 and for the "Aadal Padal Dance Programme" on the night of 05.07.2011. 2. Heard the learned Counsel appearing for the petitioner and Mr.R.Anandharaj, learned Government Advocate for the respondents 1 to 3. The third respondent – the Sub Inspector of Police, Athanakottai Police Station, Athanakottai, Pudukkottai District, is also present in the Court today. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The petitioner made the applications on 27.05.2011 and 03.06.2011, seeking permission and protection for Arulmigu Samayapuram Mariamman Temple at Seethapatti on 05.07.2011 and for the "Aadal Padal Dance Programme" on the night of 05.07.2011, which have been sent by Registered Post and the proof of acknowledgment has also been produced in the typed set of papers. 4. The learned Counsel for the petitioner also relies upon the Invitation issued by Seethapatti Village elders to support his plea that the permission sought for as stated above, in the function to be held on 05.07.2011 and he also referred to the order passed by the Division Bench of this Court on 13.05.2010. 5. The third respondent is, however, willing to consider the claim so long as the Dance Performance is not obscene or objectionable to public and he also sought for the restriction of time for the "Dance Programme" from 06.00 p.m., to 09.00 p.m. 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. Accordingly, taking into consideration the remarks of the third respondent who is present in the Court, the petitioner is given permission to conduct the 'Aadal Padal Dance Programme' on the occasion of the temple festival on 05.07.2011 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 06.00 p.m., and 09.00 p.m., on 05.07.2011; (iii) If there is any violation of the above said conditions, the third respondent or the duly authorised officer is entitled to take necessary action as per law and stop such performance; (iv) The third respondent is entitled to stop the dance programme if it exceeds 09.00 p.m.- time limit specified. https://hcservices.ecourts.gov.in/hcservices/ 3 8. The petitioner shall obtain a consent letter from the elders of the village, particularly, the President of Mangalathupatti Village Panchayat and submit the same to the third respondent. 9. The writ petition is disposed of as above. No costs. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pudukkottai, Pudukkottai District. 2.The Inspector of Police, Gandarvakkottai Police Station, Gandarvakkottai, Pudukkottai District. 3.The Sub Inspector of Police, Athanakottai Police Station, Athanakottai, Pudukkottai District. +1 CC to Mr.K.Baalasundharam, Advocate (SR.No.21421) W.P.(MD)No.6932 of 2011 04.07.2011 rsb NSV/4.7.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/