The main legal point established is the prohibition of obscene and vulgar dance performances during religious festivals, in line with the Indecent Representation of Women (Prohibition) Act, 1981.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second and third respondents 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 festival in connection to the Arultharum Mutharamman Thirukovil, Kulasekarapattinam, Thoothukudi District, 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 of lakhs of Devotees of Arultharum Mutharamman and consequently, direct the second and third respondents to take very strict action under the provisions of the Indian Penal Code against the organisers of Dasara Groups, Sound Hire Service Providers, Members of Dasara Groups and paid dance performers those who violate.)

R. Mahadevan, J.

1. The present writ petition has been filed for issuance of a Writ of Mandamus, directing the second and third respondents 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 festival in connection to the festival of Arultharum Mutharamman Thirukovil, Kulasekarapattinam, Thoothukudi District, 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 of lakhs of Devotees of Arultharum Mutharamman and consequently, direct the second and third respondents to take very strict action under the provisions of the Indian Penal Code against the organisers of Dasara Groups, Sound Hire Service Providers, Members of Dasara Groups and paid dance performers those who violate.

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 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 ag