IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.06.2011
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN
Writ Petition No.13277 of 2011
S.Selvakumar PETITIONER
Vs
1. The Superintendent of Police
Salem District
2. The Inspector of Police,
Omalur Police Station,
Omalur,
Salem 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 give permission to conduct the dance programme in the event of Muthunaickan Patti Sri Aadi Thirowpathy Amman Koil Festival on 10.06.2011 at Muthunaicken Patti Village, Muthunaicken Patti Post, Omalur Taluk, Salem District.
For petitioner : Mr.S.Sivakumar
For respondents : Mr.V.Jayaprakash Narayanan
Additional Government Pleader
O R D E R
Mr.V.Jayaprakash Narayanan, the learned Additional Government Pleader, takes notice for the respondents.
2. This writ petition has been filed seeking for a direction to the respondents to give permission to conduct the dance programme in the event of Muthunaickan Patti Sri Aadi Thirowpathy Amman Koil Festival, on 10.06.2011, at Muthunaicken Patti Village, Muthunaicken Patti Post, Omalur Taluk, Salem District.
3. The learned counsel appearing for the petitioner had submitted that the petitioner had submitted a representation dated 04.06.2011, to the second respondent, requesting him to grant permission to conduct a dance programme during the Muthunaickan Patti Sri Aadi Thirowpathy Amman Koil Festival, on 10.06.2011, at Muthunaicken Patti Village, Muthunaicken Patti Post, Omalur Taluk, Salem District.
4. In this regard, the learned counsel appearing for the petitioner had relied on certain earlier orders passed by this Court in support of his contentions. In the order, dated 22.1.2009, made in W.P.No.791 of 2009, (V.K.KARTHIKEYAN Vs. THE SUPERINTEDENT OF POLICE AND ANOTHER) and in the order, dated 12.8.2010, made in W.P.No.15952 of 2010, (S.SARAVANAN Vs. THE SUPERINTEDENT OF POLICE, NAMAKKAL DISTRICT, NAMAKKAL AND ANOTHER), this Court, in similar circumstances, as in the present case, had granted permission to the petitioners therein to conduct the dance programmes at the temple festivals concerned, by imposing certain specific conditions.
5. Per contra, the learned Additional Government Pleader appearing for the respondents had submitted that the respondents have the power to prevent the petitioner from organising dance programmes, which are obscene, indecent or lewd. Since, the dance programmes organised in such temple festivals are generally obscene and indecent.
6. Considering the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsels appearing for the parties concerned and in view of the earlier orders passed by this Court, relied on by the learned counsel appearing for the petitioner, this Court directs the respondents to grant the necessary permission to the petitioner, to conduct dance programmes, during the Muthunaickenpatti Sri Aadi Thirowpathy Amman Koil festival, at Muthunaicken Patti Post, Omalur Taluk, Salem District, subject to the petitioner submitting an affidavit of undertaking stating that the dance programmes would not be obscene, indecent or lewd and that they would be conducted in an orderly and disciplined manner, as per law and in accordance with the conditions imposed by the respondents. It is made clear that it would be open to the respondents and the other authorities concerned to initiate appropriate action against the petitioner and the others involved in conducting the dance programmes, if they violate the conditions imposed by the respondents and if the dance programmes are conducted in a manner contrary to the relevant provisions of law.
7. The writ petition is ordered accordingly. No costs.
08.06.2011
ogy
INDEX : YES
INTERNET : YES
Note : Issue order
copy on 08.06.2011
To
1. The Superintendent of Police,
Perambalur District.
2. The Inspector of Police,
Mangalamedu Police Station,
Mangalamedu,
Perambalur District.
M.JAICHANDREN J.,
ogy
Writ Petition No.13277 of 2011
08.06.2011