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All the four cases more or less raise a similar contention namely the petitioner wants to organize a dance programme in connection with the temple festival in the village.
2.W.P.(MD).No.3768 of 2012 :- In this case the petitioner seeks for a direction to the respondents 2 & 3 to consider the representation of the petitioner dated 12.03.2012 and to grant permission for conducting a dance and music programme on 29.03.2012 and 30.03.2012 in the light of the Sri.Muthaalamman Tempel North Vaanji Amman Temple Thiruvizha at Malaipatti Village, Usilampatti Taluk, Madurai District. When this writ petition came up on 27.03.2012, notice was taken by the learned Special Government Pleader and thereafter, two adjournments were given. Only today, the matter came up for final disposal. The subject matter of this writ petition has become infructuous. But, since the similar issues are raised in the other three writ petitions, they were dealt with together along with this writ petition.
3.W.P.(MD).No.11090 of 2012 :- In this writ petition, the petitioner seeks for grant of permission to conduct dance & music event on 15.08.2012 on the basis of the representation dated 07.08.2012. In the representation, the petitioner stated that in connection Sri Mandhaiamman Kovil Festival in K.P.Otthapatti Village, they are going to conduct dance programme on 15.08.2012 at 7.00 pm and they sought for permission from the Inspector of Police, Chekkanoorani Police Station.
4.W.P.(MD).No.11125 of 2012 :- In this writ petition, the petitioner seeks for a direction to the 2nd respondent to grant permission for conducting a dance programme in the style of 'Natchathira Kondattam' scheduled to be held on 16.08.2012 in connection with the Kodai Vizha of Arulmigu Devi Shri Mutharamman Thirukkoil, Vijayaramapuram, Sathankulam Taluk, Thoothukudi District. A representation was also sent seeking for permission to conduct the programme, in connection with the said temple festival which is scheduled to be conducted from 09.08.2012 to 18.08.2012. It is seen that there will be a cinema star function also in the festival.
9. In the present cases, the petitioners are not claiming that they have been prevented either from conducting the Temple festival or they were prevented from participating in the said Festival. It is during the festival, the petitioners wanted to organize dance programmes for reasons best known to them. The petitioners do not have any religious right guaranteed by the State or a public right from Municipal laws to exhibit such dances in public places.
10. First of all the Writ Petitions are filed only on an apprehension that they may be prevented from organizing such dances in the Village. But on a mere apprehension, no Writ Petition will lie. Assuming that the respondents issue specific orders prohibiting them from their organizing what was lawfully available to them, there is time enough for this court to consider reviewing such orders. Even if any criminal cases are launched against them under obscenity in the penal code, the trial Courts will take care of such prosecution, if they were otherwise legal.
46. It is well settled that a court of law can direct the Government or an instrumentality of State by mandamus to act in consonance with law and not in violation of statutory provisions."
14. However, the petitioners brought to the notice of this Court one such order passed by this Court in W.P.No.5463 of 2012. In paragraph No.7, this Court observed as follows:
"7. Following the above said orders, the 2nd respondent is hereby directed to grant permission to the petitioner by imposing specific condition that obscene dances and double meaning conversations will not be permitted. It is also made clear that if any condition is violated by performing dance or song in an obscene manner and with double meaning conversations, it is open to the 2nd respondent to proceed against the persons responsible for conducting the dance programme in accordance with law. The 2nd respondent is directed to pass orders permitting the petitioner to conduct dance programme within permissible time, forthwith. (emphasis supplied)"