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Judgment
M. Jaichandren, J.—Mr. V. Jayaprakash Narayanan, the learned Additional Government Pleader, takes notice for the Respondents.
This writ petition has been filed seeking for a direction to the Respondents to give permission to conduct the dance program in the event of
Ezhumur Sri Mariamman Koil Festival, on 14.06.2011, at Ezhumur & Post, Kunnam Taluk, Perambalur District.
The learned Counsel appearing for the Petitioner had submitted that the Petitioner had submitted a representation dated 04.06.2011 to the
second Respondent, requesting him to grant permission to conduct a dance program during the Ezhumur Sri Mariamman Koil Festival, on
14.06.2011, at Ezhumur & Post, Kunnam Taluk, Perambalur District.
In this regard, 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, dated 22.1.2009, 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 Superintedent 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 programs
at the temple festivals concerned, by imposing certain specific conditions.
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 programs, which are obscene, indecent or lewd. Since, the dance programs organised in such temple
festivals are generally obscene and indecent.
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 directs the Respondents to grant the necessary permission to the Petitioner, to conduct dance programs, during the Ezhumur
Sri Mariamman Koil Festival, at Ezhumur & post, Kunnam Taluk, perambalur District, subject to the Petitioner submitting an affidavit of
undertaking stating that the dance programs 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 programs, if they violate the conditions imposed by the Respondents and if the dance programs are conducted in a manner contrary to the
relevant provisions of law.
The writ petition is ordered accordingly. No costs.
