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2012 DIGILAW 1757 (MAD)

K. Palanisamy v. Superintendent of Police, Salem District

2012-04-04

K.CHANDRU

body2012
Judgment :- ORDER 1. The petitioner claiming to be Dharmakartha of Mariamman Temple, Noolathu Kombai, Thumbalpatti Village has come forward to file the present writ petition seeking for a writ in the nature of mandamus, directing the second respondent viz., the Inspector of Police to give permission to perform a drama portraying social issues casted by children at the village in connection with Mariamman Kovil festival on 04.04.2012 based on the petitioner's representation dated 03.03.2012. 2. In the copy of the representation dated 30.03.2012 the petitioner requested the Inspector of Police, Mallur, Salem District that he intends to conduct a drama, which is a Social play, staged by children on the night of 04.04.2012 and therefore, he requested necessary police bandhobasth during the play. It is the stand of the petitioner as disclosed in the affidavit that the second respondent orally informed him that he is not permitting to conduct any drama as it will not be conducted in a peaceful manner and there will be a threat to law and order. This was inspite of the fact that the petitioner has given assurance for conducting the programme in a peaceful manner during the Thiruvizha in the village. It was also stated every year in the village, programmes in connection with Thiruvizha has been conducted and devotees wanted to conduct cultural drama programme to be enacted. The conduct of the respondent in orally refusing permission was not warranted. 3. Heard Mr.L.Chandra kumar, learned counsel for the petitioner. 4. The petitioner has not spelt out the name of the programme, the author of the play and the person who has directed the play. The present request based upon apprehension that he was orally informed that he will not be able to perform the play cannot be accepted. In respect of staging a play in the State of Tamil Nadu, the issue is squarely covered by Tamil Nadu Dramatic Performance Act, 1954 and the Rules framed thereunder. Under the provisions of the Act, the State Government has power to prohibit objectionable performance and any performance dis-obeying certain conditions can result in a penalty. Further, the State Government has power to call for information with reference to conduct of any play. Under the provisions of the Act, the State Government has power to prohibit objectionable performance and any performance dis-obeying certain conditions can result in a penalty. Further, the State Government has power to call for information with reference to conduct of any play. In case of Chennai city, it is the Commissioner of Police and other districts, it is the District Collector, who have got power to summon a copy of the purported drama to be enacted and it has to be given to the competent authority 7 days before the performance. 5. Therefore, the question of seeking a direction from this Court to conduct a play de hors the provisions of the Act will not arise. The writ petition is misconceived. However, it is open to the petitioner to approach the authorities for getting appropriate approval. 6. With the above observation, the writ petition stands dismissed. No costs.