1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.4501 of 2011 J.Palanivel ... Petitioner Vs. 1.The District Collector, Pudukottai District. Pudukottai. 2.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District. Pudukottai. 3.The Inspector of Police, Vadakadu Police Station, Pudukottai District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to grant permission for conducting cultural activities, traditional dance and songs on 21.04.2011, for the completion of festival of Arulmigu Sri Vettai Alagar Kovil at Karukkakuruchi East, Karambakudi Taluk, Pudukkottai District based on the petitioner's representation dated 12.04.2011. For Petitioner : Mr.B.Jameelarasu For Respondents : Mr.K.Balasubramanian, Additional Government Pleader. O R D E R Mr.K.Balasubramanian, learned Additional Government Pleader, takes notice on behalf of the respondents. By consent, the writ petition itself is taken up for final disposal at the admission stage. 2.The prayer in the writ petition is to direct the respondents to grant permission for conducting cultural activities, traditional dance and songs on 21.04.2011, for the completion of festival of Arulmigu Sri Vettai Alagar Kovil at Karukkakuruchi East, Karambakudi Taluk, Pudukkottai District based on the petitioner's representation, dated 12.04.2011. 3.The petitioner who claims to be President of the Festival committee of Arulmigu Sri Vettai Alagar Kovil has made a representation dated 12.04.2011 to the respondents seeking permission to conduct https://hcservices.ecourts.gov.in/hcservices/ 2 cultural activities, traditional dance and songs to be held on 21.04.2011. Since the respondents so far have not come forward with the permission or rejected the same, the petitioner has come forward with the present writ petition seeking for the relief stated supra. 4.Yesterday, when the matter came up for hearing, learned Additional Government Pleader took notice and he has also brought to the notice of this Court that the police has registered a case in Crime No.77/2011 under Sections 294(b), 323 read with 3Q read with ST Act and P.A.Act, 1989 in respect of the village on 14.04.2011 as there was communal clash. The only apprehension is that there might be some other clash also. Therefore, when that apprehension is there, they will consider the representation of the petitioner, in accordance with law because it is a sensitive area. 5.Heard the submissions made by the learned counsel on either side. 6.Learned counsel for the petitioner also relied upon a Division Bench judgment of this Court dated 24.09.2009 stating that such permission could be granted subject to the approval of the police. In paragraph 3 of the said judgment, it has been observed as follows: "3.According to us, the villagers are going to have the cultural programmes during temple festival and in such a festival villagers will not tolerate any such obscene programme to be conducted. Therefore, according to us, the Police should grant permission for the cultural programmes. However, 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". The petitioner also undertook that there will not be any obscene dances and vulgar songs and they would maintain peace in the village. 7.Definitely, police is the authority which has to decide in respect of the sensitive nature where to conduct the cultural activities. Therefore, the respondents will consider the representation of the petitioner, dated 12.04.2011 to conduct Adal Padal programme on 21.04.2011 in the festival and pass orders in accordance with law as to the grant of permission. 8.With the above observation, the writ petition is disposed of. No costs. sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1.The District Collector, Pudukottai District, Pudukottai. https://hcservices.ecourts.gov.in/hcservices/ 3 2.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District, Pudukottai. 3.The Inspector of Police, Vadakadu Police Station, Pudukottai District. + 1 cc to M/s.B.Jameel Arasu, Advocate, SR No.14386 Writ Petition (MD)No.4501 of 2011 20.04.2011 sms RJ/20.4.11 (IT) 3p/5c https://hcservices.ecourts.gov.in/hcservices/