1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD).No.7397 of 2011 and M.P.(MD).No.1 of 2011 S.Seenisamy, Secretary, Keezha Eral Nadar Uravin Murai Mahamai Dharma Fund, Keezha Eral, Ettayapuram Taluk, Thoothukudi District. .. Petitioner Vs. 1.The District Collector, Thoothukudi District, Thoothukudi. 2.The Superintendent of Police, Thoothukudi District, Thoothukudi. 3.The Inspector of Police, Ettayapuram Police Station, Thoothukudi District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 3rd respondent dated 01.07.2011 and quash the same and consequently direct the 3rd respondent to grant permission and necessary protection to perform the cultural programme (i.e.,) Adal Padal on the eve of Arulmigu Sri Muthalamman Kovil Oor Sathirai Thiruvizha at Keezha Eral Village, Ettayapuram Taluk, Thoothukudi District which is to be held on 14.07.2011 and 15.07.2011. For petitioner : Mr.S.Venkatasubramaniyan For respondents : Mr.R.Anandharaj, Government Advocate ORDER The petitioner has come forward with this writ petition to quash the impugned order passed by the 3rd respondent dated 01.07.2011 and to direct the 3rd respondent to grant permission and necessary protection to perform the cultural programme (i.e.,) "Adal Padal Programme" on the eve of Arulmigu Sri Muthalamman Kovil Oor Sathirai Thiruvizha at Keezha Eral Village, Ettayapuram Taluk, Thoothukudi District which is to be held on 14.07.2011 and 15.07.2011. 2.Heard the learned counsel appearing for the petitioner Mr.S.Venkatasubramaniyan and Mr.R.Anandharaj, learned Government Advocate appearing for the respondents 1 to 3. 3.By consent of the learned counsel appearing for both sides, the writ petition itself is taken up for final disposal. 4.The petitioner has sought for permission from the Inspector of Police to perform the cultural programme viz., "Adal Padal Programme" on the eve of Arulmigu Sri Muthalamman Kovil Oor Sathirai Thiruvizha at Keezha Eral Village, Ettayapuram Taluk, Thoothukudi District which is scheduled to be held on 14.07.2011 and 15.07.2011. It is said that the Inspector of Police has declined to grant permission for the "Adal Padal Programme" stating that it will create law and order problem and if in such programme https://hcservices.ecourts.gov.in/hcservices/ 2 (i.e.) songs and dances, which are related to politics and obscenely performed, it will lead to untoward incident. 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, the petitioner is given permission to conduct the "Aadal Padal Programme" on the the occasion of the temple festival only on 14.07.2011 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 14.07.2011; (iii)If there is any violation of the above said conditions, the third respondent or the duty 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. (i.e.) the time limit specified. 7.The writ petition is disposed of as above. Consequently, connected miscellaneous petition is closed. No costs. SD ASST REGISTRAR ( AS ) /TRUE COPY/ SUB ASST REGISTRAR gcg To 1.The District Collector, Thoothukudi District, Thoothukudi. 2.The Superintendent of Police, Thoothukudi District, Thoothukudi. 3.The Inspector of Police, Ettayapuram Police Station, Thoothukudi District. 1CC TO MR. S. VENKATASUBRAMANIAN, ADVOCATE, SR: 21925: 1CC TO THE SPL. GOVT PLEADER SR: 21857: DM::2011:JULY::12:: order in W.P.(MD).No.7397 of 2011 2P:6C:: 05.07.2011 https://hcservices.ecourts.gov.in/hcservices/