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2014 DIGILAW 3731 (MAD)

V. Rengasamy v. Superintendent of Police, Pudukkottai & Another

2014-10-09

M.VENUGOPAL

body2014
Judgment 1. According to the Petitioner, 'Shri Ayyanar, Shri Karuppar, Shri Muneeswarar Temple at Ammayanpuram Village, Pudukkottai District is celebrating 'Function' and many devotees in and around the city and various other parts of the State come and worship the 'Deity'. The 'Festival' is scheduled to take place on 12.10.2014. The Petitioner Association has arranged for a cultural event in the form of 'Adal Padal Programme' on 12.10.2014 at Ammayanpuram Village, Pudukkottai District. The programme consists of Folk, Western Music and Songs. There will not be any indecent programme to be conducted on 12.10.2014. 2. The grievance of the Petitioner is that the Respondent had not granted permission to conduct the 'Adal Padal Programme' on 12.10.2014 at Shri Ayyanar, Shri Karuppar, Shri Muneeswarar Temple at Ammayanpuram Village, Pudukkottai District and since the Respondent has not given a positive approval for the conduct of the festival, which is scheduled to take place on 12.10.2014, the Petitioner is constrained to file the Present Writ of Mandamus before this Court. 3. Per contra, Mr. V. Muruganandam, Learned Additional Government Pleader for the Respondents submits that the 2nd Respondent apprehends that if permission is granted then there is a possibility of scraping of Law and order problem and as such, the 2nd Respondent has not granted permission to the Petitioner's Representation, dated 04.10.2014 and another representation dated 07.10.2014. 4. In view of the fact that the Petitioner has one of the Members of the Festival Committee has sought permission by filing the present Writ Petition in regard to conduct of the 'Adal Padal Programme' on 12.10.2014 at Shri Ayyanar, Shri Karuppar, Shri Muneeswarar Temple, at Ammayanpuram Village, Pudukkottai District, this Court grants permission to the Petitioner to conduct the said Adal Padal Programme at Shri Ayyanar, Shri Karuppar, Shri Muneeswarar, at Ammayanpuram Village, Pudukkottai District, subject to the following conditions:- a. The Adal Padal Programme should be conducted by the Petitioner on 12.10.2014 in an organized and serene fashion without giving any room for Law and Problem. b. The Petitioner is directed to file an affidavit before the 2nd Respondent/Police that there will not any obscene or vulgar dance during the performance by any of the prospective participants or others, as the case may be. c. The Dance Programme is to be organized and the same is restricted between 7.00 p.m., and 10.00 p.m., on 12.10.2014. b. The Petitioner is directed to file an affidavit before the 2nd Respondent/Police that there will not any obscene or vulgar dance during the performance by any of the prospective participants or others, as the case may be. c. The Dance Programme is to be organized and the same is restricted between 7.00 p.m., and 10.00 p.m., on 12.10.2014. d. If the Petitioner commits any default of any one of the aforesaid conditions, then the 2nd Respondent/Inspector of Police, Alangudi Police Station, Pudukottai District or the duly authorized Officer on his behalf is directed to take necessary action in accordance with law and in the manner known to law (including the one under Indecent Representation of Women (Prohibition) Act, 1986 (60/1986) and put an end to such performance, if the programme exceeds the prescribed time limit viz., 10.00 p.m., on 12.10.2014, then the 2nd Respondent/Police is directed to step in immediately stop the Cultural/Dance/Drama/Programme. 5. With the aforesaid directions, this Writ Petition is disposed of. No costs.