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In all these cases, the petitioners seek for a direction to the respective respondent (s) to permit them to conduct the cultural/dance programme by considering their respective representations.

2. The case of the petitioners in all these writ petitions is almost the same. According to the petitioners, the people of the villages, in which the petitioners are residing, have decided to conduct the annual temple festival on different dates during February/March 2014 and that during the said festival, they want to conduct cultural dance programs. The petitioners claim that they sent representations to the Inspectors of Police of the local Police Stations. Since their representations were not considered, they have filed these writ petitions, seeking a Mandamus to direct the respondent (s) to permit them to conduct cultural dance programs during such festival.

12. The petitioners have not cited any enactment that confers a right upon them to hold dance programmes in public places near temples. The petitioners have not cited any Statute, which imposes an obligation or a public duty upon the respondents to permit the petitioners to conduct such programmes in open spaces by erecting shamianas and pandals.

13. In Union of India vs. C.Krishna Reddy {2003 (12) SCC 627}, which was also cited by K.Chandru,J, in his decision in M.Palanisamy, the Supreme Court indicated that the power to issue a Writ of Mandamus can be granted only in a case where there is a statutory duty imposed upon the Officer concerned and there is a failure on the part of such Officer to discharge the statutory obligation. The learned Judge cited the decision of the Supreme Court in State of Uttar Pradesh vs. Uttar Pradesh Rajya Khanj Vikas Nigam {2008 (12) SCC 675}, wherein the Supreme Court reiterated that there must be a subsisting right enforceable in a Court of Law and there must be a corresponding legal duty. Sans any legal right for the petitioners and sans a legal duty for the respondent, I do not know how the petitioners can seek a Mandamus in such cases.

9. In fact, while sitting in the Vacation Court, I passed an order on 23.05.2013 in Writ Petition Nos. 14469 of 2013 etc., batch wherein identical prayer sought for by the petitioners therein was rejected by me. Even in the said case, I found out that the representations have been sent either from the post office situate within the premises of this Court or from the General Post Office at Madras, whereas the petitioners therein are residents or natives of other Districts. As mentioned above, in the present case also, the representations said to have been sent by the petitioners cannot be relied on inasmuch as they were either posted in the post office within the premises of this Court or the General Post Office, Madras, whereas the petitioners are residents of Erode, Salem and Namakkal Districts. Further a perusal of the representations annexed along with the typed set would indicate that the petitioners have not stated as to what is the requirement to have such a dance programme in the temple festival. Such a requirement to conduct dance festival in the temple is a recent creation and not borne out by any tradition or culture. In many cases, it is brought to the notice of this Court that a particular organised group is utilised for performance of the so-called dance festival. Such dance programmes are conducted only to lure the young minds and to take them to wrong path. It is also brought to the notice of this Court that such dance festivals are conducted late in the night which results in lots of chaos and problems in the area. Further, the audience of these dance programmes are mostly intoxicated besides they use the area where the dance programme is being conducted for unlawful activities. Such a practice has to be curbed.

10. Above all, in certain cases, it is brought to the notices of this Court that the respondent police denied permission by citing law and order problem to permit such dance festivals. The police authorities alone are competent to ensure whether permission can be granted or denied. While so, when the police denies permission for conducting dance programme, as sought for by the petitioners, then, normally, this Court cannot interfere with the same and issue a Mandamus to the police to permit the petitioners to have their dance programme.