Madras High Court
Sri Ambikai Dasara Kuzhu vs The District Collector on 26 September, 2022
Author: R.Mahadevan
Bench: R.Mahadevan, J.Sathya Narayana Prasad
W.P(MD)No.22591 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD)No.22591 of 2022
Sri Ambikai Dasara Kuzhu,
Thandavankadu
represented by its Secretary,
V.Kannan ... Petitioner
vs.
1. The District Collector,
Thoothukudi District,
Thoothukudi.
2. Superintendent of Police,
Thoothukudi District.
3. Superintendent of Police,
Tirunelveli District.
4. The Inspector of Police,
Kulasekarapattinam Police Station,
Kulasekarapattinam,
Thoothukudi District.
5.The Executive Officer,
A/m. Muthuramman Thirukovil,
Kulasekaranpatinam,
Thoothukudi District. ... Respondents
1/13
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22591 of 2022
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of a Writ of Mandamus, directing the respondents
1 to 4 from any way prohibiting the celebration of cultural festivals with Cine
and TV artists.
For Petitioner : Mr.M.C.Swamy
For R1 : Mr.P.Thilakkumar, Government Pleader
For R2 to R4 : Mr.T.Senthil Kumar
Additional Public Prosecutor
For R5 : Mr.M.Muthugeethayan
ORDER
(Order of the Court was made by R.MAHADEVAN, J.) The present writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 from in any way prohibiting the celebration of cultural festivals with Cine and TV artists.
2. Earlier, in connection with the festival of Arultharum Mutharamman Thirukovil, Kulasekarapattinam, Thoothukudi District, one Ramkumar Adityan filed W.P(MD)No.21756 of 2022, for a Writ of Mandamus, directing the police authorities to obtain a declaration from the organisers of all Dasara Groups and Sound Hire Service Providers not to sing and play any non Devotional Songs and Kuthu Pattu during Dasara 2/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.22591 of 2022 festival, in order to stop vulgar and obscene dance performances in the name of Dasara Groups and to protect the Traditional Culture, Traditional Viradham System and Religious sentiments etc. The contentions of the petitioner therein are as follows:-
''2. The learned counsel for the petitioner submitted that Arultharum Mutharamman Thirukovil located at Kulasekarapattinam which is a Coastal village in the Tiruchendur Taluk in Thoothukudi District, comes under the control of the Tamil Nadu Hindu Religious Endowment Department. The Dasara festival is the most auspicious celebration in the said temple. It is a 12 days celebration as a big festival in the month of September or October every year, second to that of Mysore. Goddess Arultharum Mutharamman bejeweled in grandeur is taken in procession on these days in different disguise. Following the tradition, devotees vow to beg for alms, in various celestial forms. Every year, more than 15 Lakhs devotees gather in the said temple on the tenth day after the new moon day in the Tamil month of Purattasi. It is the festival of communal harmony surpassing the barriers of caste and social status. With such festivity and gaiety all around "Soorasamharam"- slaying of Mahishasooran by Sakthi takes place.
3. The learned counsel for the petitioner further submitted that the main attraction of Dasara in villages like, Thandavankadu, Gnaniyarkudierruppu and Theriyoor, they made 3/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.22591 of 2022 settings in which moving idols are so attractive to watch and each of these idols depicts the mythological stories of Hindu Mythology. Devotees belong to the same village or same street form a group wearing different costumes and roam in and around Tirunelveli, Thoothukudi and Kanyakumari District and collect offerings from the public. Initially, these groups performed folk music and dance. Later, some of these groups started to hire sub actors and actress from Cine Industry for payment to perform dances in street, which mobilized more crowds. Now it becomes a fashion, lot of Dasara groups started to hire TV serial actors and actress and sub actors and actress from Tamil and Hindi Cinema Industries. These hired dancers do not observe any Viradham, mingle with Dasara Groups and are performing dances for Cinema Songs especially, Kuthu Songs in streets and their dance is obscene and vulgar which affects religious beliefs and against age old Traditional Viradham System and Culture of the Arultharum Mutharamman Thirukovil, located in Kulasekarapattinam. The fame of Dasara festival is shadowed by the performance of the obscene and vulgar dances.
4. The learned counsel for the petitioner also submitted that this Court in a public interest litigation in W.P(MD)No.16077 to 2017 has also directed the authorities to ban dance performance of paid dancers in Dasara groups. Further, the petitioner also filed W.P(MD)No.18348 of 2018, for directing the respondents to ban obscene and vulgar dance and 4/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.22591 of 2022 wearing communal identity costumes in Dasara festival of Kulasekaranpatinam and this Court had directed the authorities to ensure that the abovesaid order passed by the Division Bench is strictly complied with in letter and spirit. Thus, the learned counsel would pray for allowing the writ petition.''
3. The learned counsel for the petitioner in this writ petition submitted that this Court, in the abovesaid writ petition, had directed that obscene and vulgar dance performance should be specifically prohibited. However, under the guise of that order, the respondents/Police are trying to stop all the cultural and dance programmes of the abovesaid temple festival. According to the learned counsel, the performance of Cine and TV serial actors, actress in the streets of the villages during the said festival invites huge gatherings. The petitioner's group has been conducting Dasara festival in a very grand manner from time immemorial. The Cine actors, actress and other artists are mostly devotees of the Goddess and they wear Kaapu from the beginning day itself and observe fasting till the end of the festival. Therefore, the petitioner's group requested the fourth respondent/Inspector of Police to accord permission, but he warned them stating that no Cine and TV artists should be participated in the cultural programme. Further, instructions have been issued to put barricade for 5/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.22591 of 2022 checking and ensure preventing the Cine and TV artists coming to the villages for participating in the temple festival. The authorities also failed to receive the representation submitted by the petitioner giving various undertakings and they also further refused to issue any orders in this regard. Hence, the petitioner has come forward with this writ petition and the learned counsel submitted that the petitioner's group will follow the earlier orders passed in this regard in letter and spirt and therefore, prayed for allowing this writ petition.
4. The learned Additional Public Prosecutor appearing for the second to fourth respondents also reiterated the very same submissions made in the earlier writ petition which are as follows:-
''5. The learned Additional Public Prosecutor appearing for the second and fourth respondents submitted that pursuant to the order passed by this Court in W.P(MD)No.13517 of 2017 dated 25.07.2018, regarding the conduct of cultural programmes, the Director General of Police, Chennai, has issued a circular memorandum in Rc.No.159539/Crime.4(3)/2018, dated 31.10.2018, to all the Commissioners of Police in Cities and all the Superintendent of Police in Districts, instructing them to ensure that the directions issued by this Court in the said writ petition are implemented without any deviation. Further, the 6/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.22591 of 2022 Inspectors/Station House Officers were directed to get an undertaking from the petitioners/organizers at the time of granting permission to the cultural dance programmes and also to get an assurance from the organisers that there will not be any obscenity or vulgarity in the cultural programme and there will not be any disturbance to the public peace and tranquility and if any violation is noticed, the police authorities were directed to take appropriate criminal action/stringent action against the concerned persons in accordance with law without any delay.
6. The learned Additional Public Prosecutor further submitted that thereafter in 2019, referring to various orders issued by this Court with regard to grant of permission to hold various events, such as, Aadal Padal programme, sports event, procession/meeting etc., with stipulated conditions, the Director General of Police, Chennai, has issued another Circular Memorandum in Rc.007301/Genl I (1)/2019, dated 09.04.2019, whereby, consolidated instructions with regard to the procedures to be followed while granting permission to conduct cultural events, sports events, procession/meeting etc, have been issued. The said circular memorandum has been addressed to all the Commissioners of Police and Superintendent of Police, instructing them to sensitize the Station House Officers under their control in this regard and communicate these instructions with copies marked to all the Inspectors Generals of Police in Zones, all the Deputy Inspectors 7/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.22591 of 2022 Generals of Police in Ranges and Legal Advisor to DGP/Legal Advisor(S) to DGP, to follow the instructions while granting permission for such events. Thus, the learned Additional Public Prosecutor submitted that the directions contained in the Circular Memorandum in Rc.007301/Genl I (1)/2019 dated 09.04.2019, and the earlier order passed by the Division Bench of this Court in W.P(MD)No.16077 of 2017 dated 31.08.2017 in respect of the very same Dasara festival at Kulasekaranpatinam, will be followed in letter and spirit.''
5. Ultimately, the learned Additional Public Prosecutor submitted that in this case also, the directions contained in the Circular Memorandum in Rc.007301/Genl I (1)/2019 dated 09.04.2019, and the earlier orders passed with regard to the Dasara festival at Kulasekarapattinam, will be followed in letter and spirit.
6. We have heard the learned counsel appearing for the parties and perused the materials available on record.
7. The only grievance of the petitioner is that one Ramkumar Adityan filed a public interest writ petition in W.P(MD)No.21756 of 2022, stating that Cine actors, actress and TV serial artists without observing 8/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.22591 of 2022 viradham, performed dances during Kulasekarapattinam Dasara festival, exhibiting obscene and vulgar postures making mockery of the traditional culture and customs to be followed in Dasara festival and denigrating the Hindu religious sentiments. On that basis, this Court in the said writ petition had directed that obscene and vulgar dance performance should be specifically prohibited by the police authorities. However, under the guise of that order, the respondents/Police are trying to stop all the cultural and dance programmes. The petitioner's request to allow them to participate in the said festival was also turned down, stating that no Cine and TV artists should be participated in the cultural programmes. Further, instructions have been issued to put barricade and check and ensure preventing the Cine and TV artists coming to the villages for participating in the temple festival.
8. Now the learned counsel for the petitioner submits that the petitioner undertakes to abide by any conditions that may be imposed by this Court for the participation of Cine and TV artists in the ongoing cultural programmes of Dasara festival at Kulasekarapattinam following traditional and cultural colour.
9/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.22591 of 2022
9. Perusal of the typedset of papers shows that the petitioner has not submitted any representation to the respondents and therefore, the Mandamus cannot be issued. However, considering the abovesaid undertaking given by the learned counsel for the petitioner and the fact that the temple festival is on and in the interest of justice, we dispose of this Writ Petition, directing the respondents to ensure that Circular Memorandum in Rc.007301/Genl I (1)/2019 dated 09.04.2019 and the directives of the Division Bench in W.P(MD)No.16077 of 2017 dated 31.08.2017 are followed in letter and spirit in the ongoing Dasara festival of Arultharum Mutharamman Thirukovil at Kulasekarapattinam, Thoothukudi District with the following further directions:-
(i) The entire cultural programme shall be videographed at the cost of the petitioner, for which, the petitioner shall make a pre-deposit in the form of a demand draft in favour of the fifth respondent/Executive Officer of the temple for Rs.10,000/- (Rupees Ten Thousand only) forthwith.
(ii) Along with the proof for such deposit, the petitioner is directed to make an application to the Police authorities concerned seeking permission to participate in the cultural programme with an undertaking that the participants of cultural programme will perform in the festival strengthening 10/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.22591 of 2022 the cultural and traditional colour and at any cost, they will not exhibit obscenity and vulgarity.
(iii) On receipt of such application, the respondents/Police authorities shall grant permission to the applicants concerned, to participate in the cultural programme of ongoing Kulasekaranpatinam Dasara festival, as per the Circular Memorandum dated 09.04.2019.
(iv) It is made clear that obscene or vulgar dance should be specifically prohibited by the police authorities and if there is any violation, appropriate action must be taken by the Police authorities against the actor/actress, programme organizer and the applicant also, in line with the abovesaid Circular Memorandum dated 09.04.2019. No costs.
[R.M.D.,J.] & [J.S.N.P.,J.] Index : Yes / No 26.09.2022 Internet : Yes bala Issue order copy today itself To
1. The District Collector, Thoothukudi District, Thoothukudi.
11/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.22591 of 2022
2. Superintendent of Police, Thoothukudi District.
3. Superintendent of Police, Tirunelveli District.
4. The Inspector of Police, Kulasekarapattinam Police Station, Kulasekarapattinam, Thoothukudi District.
5.The Executive Officer, A/m. Muthuramman Thirukovil, Kulasekaranpatinam, Thoothukudi District.
12/13 https://www.mhc.tn.gov.in/judis W.P(MD)No.22591 of 2022 R.MAHADEVAN, J.
and J.SATHYA NARAYANA PRASAD, J.
bala ORDER MADE IN W.P(MD)No.22591 of 2022 DATED : 26.09.2022 13/13 https://www.mhc.tn.gov.in/judis