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2016 DIGILAW 2981 (MAD)

Elora Restaurant, Rep. by its Proprietor, R. Sivanandham v. Additional Director General of Police, and Commissioner of Police, Greater Chennai

2016-08-23

M.SATHYANARAYANAN

body2016
ORDER : The petitioner would state that his father viz., late Seetharam Uduppa, after obtaining Public Resort License from the first respondent, was conducting Indian cultural dances and after his demise, it was renewed in his favour, vide proceedings of the first respondent dated 11.01.2012 in R.C.No.E.3(1)/1044/136699/2011 subject to 19 conditions. The grievance expressed by the petitioner is that after the expiry of the license on 31.12.2013, he submitted an application for renewal of license and the first respondent has issued a show cause notice dated 01.12.2013 stating that under the guise of conducting cultural dances, young ladies were allowed to dance in front of predominately male audience and thereby lowering their dignity and it is also used to push the girls into flesh trade by inducing the girls to have clandestine deals with the customers and therefore, called upon to offer his explanation as to why the Public Resort License granted for the year 2013 should not be refused or rejected. The petitioner in response to the same, submitted a detailed representation dated 07.12.2013 denying all the allegations and would submit that Indian cultural dances are being conducted with utmost dignity and the persons performing the dances wear the clothes as per the designs stipulated for the said dance such as Bharatha Natyam, Kuchipudi, Manipuri etc. 2. The learned counsel appearing for the petitioner has invited the attention of this Court to the memo dated 22.08.2016 filed on behalf of the petitioner and would submit that the following are the features available in the petitioner's business place and it is relevant to extract the same: (a) A gap of three feet is there between the dice and the audience. (b) The dais is surrounded by security men during the entire programe period (c) After the event is over, security personnel take the participating girls in a van and drop them safely at their home. (d) Before and during the entire period of the event, neither drinking nor smoking is permitted. (e) Before and during the entire period of the event, neither munching of eatables nor drinking items such as coffee, etc., is allowed (f) Entire programe of the day is recorded through CCTV camera ( and submitted to police when demanded) Note: Normally such CCTV potage is preserved for 3 to 4 days only. (g) No mobile recording by viewers is permitted. (g) No mobile recording by viewers is permitted. (h) Though running for more than a decade, there has been no complaint from any of the viewing public, dancers and employees of the petitioner. Nor has any criminal complaint been registered by the police until now. It is the further submission of the learned counsel appearing for the petitioner that since stringent conditions have been stipulated for granting Public Resort License, it is always open to the respondents to conduct surprise inspection/enquiry to find out as to whether the conditions are scrupulously complied with and followed and prays for appropriate orders. 3. Per contra, Mr.A.N.Thambidurai, learned Special Government Pleader, on instructions, would submit that the petitioner under the guise of conducting cultural dances, actually conducting obscene dances and young girls are allowed to dance in front of predominately male audience and thereby lowering their dignity and it is also used to push the girls into flesh trade by inducing the girls to have clandestine deals with the customers and taking into consideration the above facts and circumstances and also in the light of law order and public order, the show cause notice was issued to the petitioner and prays for dismissal of this Writ Petition. 4. In response to the said submission, the learned counsel appearing for the petitioner has drawn the attention of this Court to the judgment dated 28.04.2015 made in W.A.No.379 of 2014 and would submit that in similar facts and circumstances, this Court directed the respondents to consider the explanation submitted by the petitioner therein and pass orders in the light of the statutory provisions and similar order may be passed. 5. This Court has considered the rival submissions and also perused the materials placed before it. 6. The Division Bench of this Court in the above cited judgment has held that under Sections 7 and 34 of the Chennai City Police Act and the provisions of Indecent Representation of Women (Prohibition) Act, 1986 the Commissioner of Chennai is having preventive and curative powers and therefore, directed the concerned respondents to consider the representation submitted by the petitioner appellant therein to the show cause notice and pass appropriate orders in accordance with law. 7. It is also relevant to extract the conditions stipulated by the first respondent while granting the Public Resort License, vide proceedings dated 11.01.2012 and the same is extracted hereunder: 1. 7. It is also relevant to extract the conditions stipulated by the first respondent while granting the Public Resort License, vide proceedings dated 11.01.2012 and the same is extracted hereunder: 1. The performance should be restricted to the events for which permission was sought for and no other unauthorized performance should be conducted. 2. The entry should be restricted only to the guests and no indecent/unsocial elements should be allowed entry to the programme. 3. Public peace and safety should not be disturbed and the performances should not create any nuisance to the public. 4. The show timings should be strictly adhered to as per application. 5. No obscene performance shall be conducted or allowed to be conducted in the licensed premises. 6. Performance of the kind of Strip-Tease in which clothes covering the bottom, abdomen or other private parts of a women, removed are strictly prohibited in any such place aforesaid. 7. No person shall be allowed to perform any performance either in nude or semi-nude manner wearing transparent or scanty dress. 8. No song-recitation balled or gesture or arouse erotic impulses or stimulate sexual passion shall be allowed in any such place aforesaid. 9. Every performance shall be conducted only within a particular place (i.e.) on a stage or platform and the performing artists in the said performance shall not mingle with or contact other persons or visitors who are present. 10. The artist or artists participating in any such performance shall not remove or to be allowed to remove anything or subject or any part of dress from their persons or throw it away on others in the course of the performance. 11. No liquor should be served. 12. No indecent dances should be conducted in guise of Indian Cultural Dance. 13. The volume of Band/Musical Sound should be restricted to such level not to disturb the neighborhood. 14. Every owner, occupier or keeper of licensed premises shall strictly observe all the rules framed above and break of any such rule aforesaid will entail closure of such place and such place ordered to be closed shall be deemed to be unlicensed place under the provision of Section 39 of M.C.P. Act 1888. 15. 14. Every owner, occupier or keeper of licensed premises shall strictly observe all the rules framed above and break of any such rule aforesaid will entail closure of such place and such place ordered to be closed shall be deemed to be unlicensed place under the provision of Section 39 of M.C.P. Act 1888. 15. Further, if any owner/occupier or keeper of licensed premises does or permits any act in disobedience of any of the aforesaid rules, he is liable for prosecution u/s.40 of the M.C.P. Act and action will be taken to withdraw the Public Resort License. 16. There should not be any hindrance to the free flow of traffic and inconvenience to the movement of public. 17. Service of liquor in the dance programme is strictly prohibited and they are strictly instructed not to allow drunkards for the above said dance programme. 18. The applicant should also arrange security guard for vehicle parking and to monitor the vehicles parking to present vehicle theft. 19. They should not violate the rules & regulations of license conditions and to abide by the instructions of local jurisdiction officer. 8. In the light of the above facts and circumstances, this Court is of the view that the impugned order requires interference. 9. Accordingly, this writ petition is partly allowed and the order of the first respondent is set aside and the matter is once again remanded to the first respondent, who shall take into consideration the explanation dated 07.12.2013 as well as the further representation, if any, submitted within a period of two weeks from the date of receipt of a copy of this order and give disposal in accordance with the relevant statutory provisions within a further period of four weeks thereafter and communicate the decision taken, to the petitioner. No costs. Consequently, connected miscellaneous petition is closed.