Madras High Court
S.Marisankar vs The Sub Inspector Of Police on 10 October, 2014
Author: M.Venugopal
Bench: M.Venugopal
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2014 CORAM THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition No.16696 of 2014 S.MARISANKAR ... Petitioner Vs. THE SUB INSPECTOR OF POLICE VANNIYAMPATTI POLICE STATION, VANNIYAMPATTI VIRUDHUNAGAR DISTRICT. ... Respondent Prayer Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents herein to permit the petitioner to conduct "Aadalum Padalum" Cultural Program during Arulmigu Sri Pathirakaliamman Temple, Arulmigu Mariamman Temple festival on 15.10.2014 and pass such further or other orders. !For Petitioner :Mr.S.Marisankar (Party-in-Person) ^For Respondents :Mr.V.Muruganandam Addl. Govt. Pleader. :ORDER
According to the Petitioner, he is the President of the Nadar Uravinmurai, Vithiyalingampuram Village. In his village, they are going to celebrate Puratassi Pongal festival in Arulmigu Pathirakaliamman temple, Arulmigu Mariamman temple from 13.10.2014 to 16.10.2014. He has arranged a cultural dance programme on 15.10.2014. Also he had applied for permission from the respondent to conduct cultural dance programme in connection with the programme on 15.10.2014 itself at about 9.00 p.m. The petitioner approached the respondent and submit a representation through registered post on 26.09.2014. But, the respondent has not granted permission to conduct the cultural dance programme. On 06.10.2014, he met the respondent in person and that the respondent/Police informed him orally as per oral instructions given by the Higher Officials, they are in a position to grant permission for the cultural dance programme.
2.At this stage, the learned Additional Government Pleader for the respondent submits that the respondent has orally rejected the request of the petitioner to conduct the 'Aadalum Padalum' cultural programme on 15.10.2014, based on the reason that there is a possibility of cropping up of Law and Order problem.
3.In view of the fact that the petitioner is desirous of conducting of 'Aadalum Padalum' cultural programme during the festival of Arulmigu Pathirakaliamman temple, Arulmigu Mariamman temple on 15.10.2014, this Court grants permission to the petitioner to conduct the 'Aadalum Padalum' programme on the petitioner's temple on 15.10.2014 between 7.00 p.m and 10.00 p.m, subject to the following conditions:-
a. The 'Adal Padal' cultural Programme should be conducted by the petitioner on 15.10.2014 in an organized and peaceful atmosphere, without causing any Law and Order Problem.
b. The Petitioner is directed to file an affidavit before the 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 'Aadalum Padalum' Dance Programme is restricted between 7.00 p.m., and 10.00 p.m., on 15.10.2014.
4.It is to be noted that Section 2(c) of the Indecent Representation of Women (Prohibition) Act, 1986, defines ?indecent representation of women? means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the public morality or morals. In fact Section 3 of the Act 1986, speaks of Prohibition of advertisements containing indecent representation of woman. As a matter of fact, Section 4 of the Act enjoins Prohibition of publication or sending by post of books, pamphlets etc., containing indecent representation of women.
5.It cannot be forgotten that a commission of an act under Indian Penal Code is punishable as an offence. Likewise, an act done contrary to Indecent Representation of Women (Prohibition) Act, 1986 becomes an offence. In reality, one cannot presume or assume of any illegal act/any illegality even before the grant of licence for the conduct of the 'Aadalum Padalum' programme at the petition mentioned temple festival, to be held on 15.10.2014.
6.For the conduct of the 'Aadalum Padalum' programme on 15.10.2014 scheduled to take place at the petitioner's temple between 7.00 p.m and 10.00 p.m, in connection with the same, the petitioner is directed to apply for the licence before the respondent/Police/concerned Authority and that the respondent/Police/concerned Authority is directed to accord licence for conducting the programme in question, of course imposing necessary restrictions as deemed fit in the matter in issue. It is also made clear if the petitioner violates any one of the conditions aforesaid, then the respondent/Police or the Duly Authorized Officer on his behalf is empowered to take appropriate action in accordance with law and in the manner known to law (including the one under Indecent Representation of Women (Prohibition) Act, 1986 (60 of 1986) and put an end to such programme, if the programme exceeds the permitted/prescribed time limit namely 10.00 p.m on 15.10.2014, then the respondent/Police is directed to step in immediately and stop the Cultural/ Dance/ Drama programme.
7.With the aforesaid directions, this Writ Petition is disposed of. No costs.
10.10.2014 Index : Yes Internet : Yes Note to the Registry:Issue copy on 10.10.2014 VS To THE SUB INSPECTOR OF POLICE VANNIYAMPATTI POLICE STATION, VANNIYAMPATTI VIRUDHUNAGAR DISTRICT.
M.VENUGOPAL, J.
VS Writ Petition (MD).No.16696 of 2014 10.10.2014