Pa. Su. Mohan vs The Superintendent of Police, The Inspector of Police and The Sub Inspector of Police

Jaichandren, J.—K. Balasubramanian, J., the learned Special Government Pleader, takes notice for the Respondents.

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 and06.01.2011, at Sengunthar Arulmigu Om Kaliamman temple Thirukovil,

Pallipalayam, Namakkal District.

The main contention of the learned Counsel appearing for the Petitioner is that the Respondents didn''t have the authority or jurisdiction to pass a

blanket order stating that the Petitioner cannot organize or conduct dance programmers.

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.

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, dated22.1.2009, made in W.P. No. 791 of 2009, (V.K. Karthikeyan v. The Superintendent of Police and Anr.) and in the order, dated

12.8.2010, made in W.P. No. 15952 of 2010,(S. Saravanan v. the Superintendent of Police, Namakkal district, Namakkal and Anr.), this Court,

in similar circumstances, as in the present case, had granted permission to the Petitioners therein to conduct the dance programmers at the temple

festivals concerned, by imposing certain specific conditions.

Per contra, the learned Special Government Pleader appearing for the Respondents had submitted that the Respondents have the power to

prevent the Petitioner from organizing dance programmers, which are obscene, indecent or lewd. Since, the dance programmers organized 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 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, 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, dated11.12.2010, and to direct the third

Respondent to grant the 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. necessary permission to the Petitioner, to conduct the festival program, scheduled

to be held on 05.01.2011 and06.01.2011, 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 programmers 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 programmers, if they violate the conditions imposed by the Respondents and if the songs and

dance programmers 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.