The main legal point established is that while the right to freedom of speech and expression is valuable, it can be subject to reasonable restrictions to ensure public safety and prevent indecent representation of women.

1. Heard the Learned Counsel for the Petitioner and the Learned Additional Government Pleader appearing for the Respondents.

2. According to the Petitioner, in his village there is a temple called "Arulmigu Bhagavathi Amman" and the said Amman Deity was worshipped by his ancestors and they used to celebrate Karthigai Festival every year in the Tamil month of Karthigai. The villagers now uniformly decided to celebrate the 'Karthigai Deepa Festival' in a grand manner. As such, they are decided to conduct several traditional and cultural programmes including Karakattam, cultural dance and songs. For that, the Petitioner made a representation to the Second Respondent on 02.12.2014 in person and prayed for grant of permission and to conduct 'Aadal Padal Programme on 12.12.2014 at 7.00 p.m., at Chinnamanur, Theni District and to grant adequate police protection in connection with the said festival. Since no action was taken, another representation, dated 08.12.2014, was sent through registered post to the First Respondent seeking permission for the conduct of the said 'Aadal Padal Programme' and grant police protection for the purpose of conducting the said festival. Till date the permission sought for by the Petitioner has not been granted by the Second Respondent.

3. Per contra, it is the submission of the Learned Additional Government Pleader appearing for the Respondents 1 and 2 that if permission to conduct 'Aadal Padal Programme' is granted to the Petitioner on 12.12.2014, then the participants will dress up like Communal Leaders and take part in the programme at the dais, then there is a possibility for cropping up of law and order problem. Further more, though the Second Respondent had received Petition on 09.12.2014, the petition is pending at the stage of enquiry.

4. It is to be remembered that the commission of an act under the Indian Penal Code is punishable as an offence. Similarly, the act done contrary to the Indecent Representation of Women (Prohibition) Act, 1986, then the same becomes an offence. In reality, one cannot assume or presume of any illegal act/any illegality even before the grant of license for the conduct of 'Adal Padal programme' at the Petition mentioned Temple Festival to be held on 12/12/2014.

5. It cannot be gainsaid 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.”

6. As a matter of fact, Section 3 of the Act, 1986 refers to Prohibition of advertisements containing indecent representation of woman. Also that Section 4 of the Act enjoins Prohibition of Publication or Sending by post of books, pamphlets, etc., containing indecent representation of women.

7. In this connection, this Court very significantly points out that there must be a subsisting right enforceable in a Court of Law on an individual and there must be a corresponding duty for issuance of Writ of Mandamus. An aggrieved person must have a legal right and he must aver that there is an infringement of public duty. At this stage, this Court worth recalls and recollects the decision of the DIRECTOR OF SETTLEMENTS, A.P AND OTHERS Vs. M.R.APPARAO AND ANOTHER {(2002) 4 SUPREME COURT CASES 638}, wherein it is held that 'the powers of the High Courts under Art.226 of the Constitution of India though a discretionary one and no limits can be placed upon their discretion, they must be exercised along with recognised lines and subject to certain self-imposed limitations'.

8. Apart from the above, on behalf of the Petitioner, no Statute or Enactment is cited or relied upon which confers a right upon the Petitioner to conduct/hold 'Adal Padal programme'.

9. One cannot brush aside an important fa