1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.02.2011 CORAM: THE HON'BLE MR.JUSTICE K.K.SASIDHARAN WP(MD)No.1850 of 2011 Balamurugan :Petitioner -Vs- 1.The Superintendent of Police, Pudukottai. 2.The Inspector of Police, Keeranur Police Station, Keeranur Post, Kulathur Taluk, Pudukottai District. :Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to grant permission to perform cultural programme in connection with the 74t Gurupooja of Surili Maha Suruli Swamigal at Surilikovil, Vadugapatty Village, Kulathur Taluk, Pudukkottai District on 23.02.2011. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents: Mr.R.Manoharan,Govt.Advocate ORDER The failure on the part of the second respondent to grant permission to conduct Cultural events in connection with the 74th Gurupooja of Surili Maha Suruli Swamigal at Surilikovil, made the petitioner to file this Writ Petition. 2.According to the petitioner, the 74th Gurupooja of Surili Maha Suruli Swamigal is to be celebrated on 23.02.2011 by the Villagers and devotees of Arulmigu Surili Koil at Vadugapatty. The temple used to attract large gathering and in connection with the festival the villagers used to conduct various cultural events. The dance programme consists of folk dances and other western musics and songs. However, there would be no kind of indecency or obscenity in the conduct of dance festival. 3.The petitioner approached the second respondent on 31.01.2011 with a request to grant permission to conduct the dance festival. The second respondent after pursuing the application orally informed that the police would not permit to conduct the dance festival. This compelled the petitioner to file the Writ Petition. 4.The second respondent has filed a counter wherein it was indicated that on earlier occasion the petitioner attempted to stage Adal (Dancing) Padal (Singing) program under the guise of cultural programme and thereby created law and order problem. Since the dancers indulged in obscene acts, criminal cases were registered earlier. Therefore, it was only to maintain the law and Order, the petitioner was denied permission to conduct folk dances. 5.I have heard the learned counsel for the parties. https://hcservices.ecourts.gov.in/hcservices/ 2 6.The application submitted by the petitioner appears to be pending before the second respondent. However, in the counter affidavit the second respondent contended that the dancers used to perform obscene dance and that was the reason for denial of permission. According to the second respondent, permission would be granted to conduct cultural events other than Adal and Padal events. 7.The second respondent appears to have no objection for conducting dance festival without resorting to obscene or vulgar acts. The second respondent cannot prevent the petitioner and other villagers from conducting temple festival or cultural programmes under the guise of law and order problem. In fact, in similar circumstances, the Division Bench of this Court as per order dated 13.05.2010 in W.P.No.6709 of 2010 granted permission to the villagers to conduct Adal Padal dancing programme without any obscene dances. 8.Therefore, I am of the view that interest of justice would be sub served in case a direction is issued to the second respondent to grant permission to the petitioner to conduct the cultural events Adal Padal on the occasion of the temple festival by name 74th Gurupooja of Surili Maha Suruli Swamigal. However, it is made clear that the petitioner or the other villagers should not indulge in any kind of obscene or vulgar acts in connection with the dance festival. In the event of conducting any obscene or any vulgar dances, it is open to the second respondent to take action against the concerned as per law. 9.The Writ Petition is disposed of with the above direction. No costs. Sd/- Deputy Registrar (LA) / TRUE COPY / Assistant Registrar To: 1.The Superintendent of Police, Pudukottai. 2.The Inspector of Police, Keeranur Police Station, Keeranur Post, Kulathur Taluk, Pudukottai District. +1CC to Mr.P.Ganapathisubramanian, Advocate. SR.No.9248. +1CC to The Special Government Pleader. SR.no.9477. MPK RP/22.02.2011/2P/5C. W.P(MD)No.1850 of 2011 21.02.2011 https://hcservices.ecourts.gov.in/hcservices/