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2011 DIGILAW 1584 (MAD)

M. Periyasamy v. Superintendent of Police, Erode

2011-03-21

M.JAICHANDREN

body2011
Judgment :- 1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. This writ petition has been filed seeking for a direction to the 2nd respondent to grant the necessary permission for conducting a cultural and entertainment programme, as permissible under law, during the festival of Sri Mariyamman Temple, Unjalur Village, Erode Taluk and District, on 25.3.2011. 3. The learned counsel appearing for the petitioner had submitted that this Court, in similar circumstances, as in the present case, had granted permission to the petitioner therein to conduct the dance programmes at the temple festivals concerned, by imposing certain specific conditions. 4. 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 since, the dance programmes organised in such temple festivals are generally obscene and indecent or lewd. 5. 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, this Court finds it appropriate to direct the second respondent to grant the necessary permission to the petitioner, to conduct dance programmes, during the Sri Mariyamman Temple festival, at Unjalur Village, Erode Taluk and 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. The writ petition is ordered accordingly. No costs.