1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD).No.9098 of 2011 Kuzhanthaisamy ... Petitioner Vs. 1.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai, Pudukkottai District. 2.The Inspector of Police, Karambakudi Police Station, Pudukkottai District. ... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to grant permission for conducting cultural activities traditional dance and songs on 23.08.2011, for the completion of festival Punitha Vanathu Anthoniyar Church at Kulipenpatti, Pallavarayanpathai Post, Karambakudi Taluk, Pudukkottai District based on the petitioner's representation, dated 09.08.2011. For petitioner : Mr.B.Jameel Arasu For respondents : Mr.TR.Janarthanam, Additional Govt. Pleader ORDER The petitioner has come forward with this writ petition to direct the respondents to grant permission for conducting cultural activities "Traditional Dance and Songs" on 23.08.2011, during the festival of Punitha Vanathu Anthoniyar Church at Kulipenpatti, Pallavarayanpathai Post, Karambakudi Taluk, Pudukkottai District based on the petitioner's representation, dated 09.08.2011. 2. Heard Mr.B.Jameel Arasu, learned Counsel appearing for the petitioner and Mr.TR.Janarthanam, learned Additional Government Pleader who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner has made a representation on 09.08.2011, for grant of permission to conduct "Traditional Dance and Songs" on the eve of the festival of Punitha Vanathu Anthoniyar Church at Kulipenpatti, Pallavarayanpathai Post, Karambakudi Taluk, Pudukkottai https://hcservices.ecourts.gov.in/hcservices/ 2 District, which is scheduled to be held on 23.08.2011. 5. 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." 6. 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, considering the fact that the festival is to be conducted in a Church, this Court is inclined to direct the respondents to grant permission only to conduct "Cultural Programme" on the occasion of the festival only on 23.08.2011 subject to the following conditions: (i) There will not be any form of dance during "Cultural Festival" by anyone of the participants or others and the participants will be allowed to perform "Songs" without any obscenity or vulgarity; (ii) The cultural programme should be restricted between 9.30 p.m. and 12.30 p.m. on 23.08.2011; (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 cultural programme, if it exceeds 12.30 p.m. (i.e.) the time limit specified. 7. With the above direction, the writ petition is disposed of. No costs. Sd/- Assistant Registrar(AE ) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai, Pudukkottai District. 2.The Inspector of Police, Karambakudi Police Station, Pudukkottai District. +one cc to Special Government Pleader, Sr.No. 27769 W.P.(MD)No.9098 of 2011 12.08.2011 PM SMA/23.8.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/