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In all these Writ Petitions, the petitioners claiming to have arranged a cultural programme in connection with Mariamman Temple festival conducted in respective VillageS. In some cases, the petitioners seek for a direction from this Court to conduct a cultural programme, which included Indian dances. In some cases, the petitioners want the police not to prevent them from conducting the programme. In one case, they want police protection to conduct the programme.

2. In none of the Writ Petitions, the petitioners have elaborated as to what was meant by the term Indian Dance Programme. The Indian dance comprises of different forms. Of late, there were increasing reports in the Press that such dances performed at these functions bordered on vulgar and obscene forms. In most places ill-clad women gyrating their private parts to the tunes of obscene film songs. In many places there were public protests for such dances being performed in the place vicinity of the local Mariamman Temple.

3. It is rather unfortunate that such cases are being filed before this Court day in and day out without there being any legal or enforceable right on the part of the petitioners to conduct such forms of dances that too in public places. If the petitioners arrange any such programme in a private hall, there will be scope to decide legal right of such petitioners.

4. As it was pointed out that there is no right for any private citizens to use public spaces for such performances. Even in cases where a religious right is claimed, such as procession taking the idol of Ganesha for immersing in the Waterways, this Court has held that the immersion ceremony is a part of a religious right or recognized religious right but the route in which the procession has to be taken, cannot be dictated by the Organisers. In this connection, the Supreme Court has emphasized the content of Articles 25 and 26 of the Constitution so as to mean that what was protected by these Articles is only the integral part of a religion or an essential religious practice. Certainly conducting a dance programme in connection with the Mariammal Temple Festival is not an essential part of Hindu religion.

5. In the present cases, the petitioners are not claiming that they have been prevented either from conducting the Mariamman Temple festival during the Tamil month of 'Panguni' 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.

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."

10. 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)"