V. Gobinathan vs The Superintendent of Police and The Inspector of Police

M. Jaichandren, J.—Heard the learned Counsel appearing for the Petitioner and the learned Special Government Pleader appearing for the

Respondents.

This writ petition has been filed seeking for a direction to the Respondents to grant the necessary permission for conducting the functions to be

held from 23.3.2011 to 25.3.2011, during the Pongal Festival of Arulmighu Sri Periya Mariamman Temple, Deevettipatti Village, Omalur Tauk,

Salem District.

The learned Counsel appearing for the Petitioner had submitted that this Court, in similar circumstances, as in the present case, had granted

permission to the Petitioner therein to conduct the dance programmes 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 organizing dance programmers since; the dance programmers organized in such temple festivals are generally obscene

and indecent or lewd.

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, this Court finds it appropriate to direct the second

Respondent to grant the necessary permission to the Petitioner, to conduct dance programmers, during the Pongal Festival of Arulmighu Sri Periya

Mariamman Temple, Deevettipatti Village, Omalur Tauk, Salem District, subject to the Petitioner submitting an affidavit of undertaking stating that

the 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 dance programmers, if they

violate the conditions imposed by the Respondents and if the 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.