Pa. Su. Mohan v. The Superintendent of Police Nammakkal
2010-12-20
M.JAICHANDREN
body2010
DigiLaw.ai
Judgment :- 1. Mr.K.Balasubramanian, the learned Special Government Pleader, takes notice for the respondents. 2. This writ petition has been filed challenging the order of the third respondent, dated 11.12.2010, refusing to grant permission to the petitioner to conduct the festival program, scheduled to be held on 05.01.2011 and 06.01.2011, at Sengunthar Arulmigu Om Kaliamman temple Thirukovil, Pallipalayam, Namakkal District. 3. The main contention of the learned counsel appearing for the petitioner is that the respondents did not have the authority or jurisdiction to pass a blanket order stating that the petitioner cannot organise or conduct dance programmes. 4. The learned counsel appearing for the petitioner had also submitted that the third respondent had passed the impugned order, without giving an opportunity of hearing to the petitioner. 5. 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. 6. Per contra, the learned Special 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, the third respondent had passed the impugned order, dated 11.12.2010, refusing to grant the permission to the petitioner to conduct the festival program, scheduled to be held on 05.01.2011 and 06.01.2011, at Sengunthar Arulmigu Om Kaliamman temple Thirukovil, Pallipalayam, Namakkal District. 7.
Since, the dance programmes organised in such temple festivals are generally obscene and indecent, the third respondent had passed the impugned order, dated 11.12.2010, refusing to grant the permission to the petitioner to conduct the festival program, scheduled to be held on 05.01.2011 and 06.01.2011, at Sengunthar Arulmigu Om Kaliamman temple Thirukovil, Pallipalayam, Namakkal District. 7. 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 finds it appropriate to set aside the impugned order of the third respondent, dated 11.12.2010, and to direct the third respondent to grant the necessary permission to the petitioner, to conduct the festival program, scheduled to be held on 05.01.2011 and 06.01.2011, at Sengunthar Arulmigu Om Kaliamman temple Thirukovil, Pallipalayam, Namakkal District, subject to the petitioner submitting an affidavit of undertaking stating that the songs and 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 songs and dance programmes, if they violate the conditions imposed by the respondents and if the songs and dance programmes are conducted in a manner contrary to the relevant provisions of law. The writ petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.