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2024 Supreme(Online)(MAD) 395

HIGH COURT OF MADRAS
Hon`ble Mr.Justice B.PUGALENDHI
R.Pandiyan – Appellant
Versus
The District Collector – Respondent
WP(MD)No.12468 of 2024



Advocates:
Mr.S.Ramsundarvijayaraj, Mr.T.Senthilkumar, Mr.P.Anbunidhi

The court has the power to regulate cultural events and impose conditions to maintain public order, as per the Tamil Nadu Police Act.

Headnote:

Temple Festival - Adal Padal Programme - Tamil Nadu Police Act Sections 30, 41, 47 - The court granted permission to conduct the adal padal program during the temple festival, subject to the organizers providing an undertaking to ensure that the program is conducted without obscenity or vulgarity, and the police imposing necessary conditions to maintain law and order.

Fact of the Case:

The petitioner, a member of the festival committee, sought a direction to the respondents to grant permission to conduct a festival and cultural events scheduled from 11.06.2024 to 16.06.2024 at Arulmigu Shree Kodeeswari Amman Thirukovil in Pandiyan Nagar, Madurai District. The respondent police had not granted permission for the 'adal padal' program due to concerns over obscenity and law and order issues.

Finding of the Court:

The court considered the rival submissions and observed that the 'adal padal' programs have become common in temple festivals, but they often involve obscenity and vulgarity. The court directed the respondent police to grant permission for the 'adal padal' program, provided the petitioner submits an undertaking to ensure that the program is conducted without obscenity or double-meaning songs, and the police impose necessary conditions to maintain law and order.

Issues: Whether the respondent police should grant permission to the petitioner to conduct the 'adal padal' program during the temple festival.

Ratio Decidendi: The court's decision was based on the need to balance the cultural significance of the 'adal padal' program with the concerns over obscenity and law and order issues. The court relied on the Tamil Nadu Police Act Sections 30, 41, and 47, which empower the police to regulate public gatherings and impose conditions to maintain public order.

Final Decision: The court allowed the writ petition and directed the respondent police to grant permission for the 'adal padal' program, subject to the petitioner submitting an undertaking and the police imposing necessary conditions to maintain law and order.

ORDER

The petitioner, who is a Member of the festival committee, has approached this Court seeking a direction to the respondents to grant permission to conduct festival and other cultural events, which are scheduled to be held on 11.06.2024 to 16.06.2024 at Arulmigu Shree Kodeeswari Amman Thirukovil in Pandiyan Nagar, Kalavasal, Madurai District, based on his representation of the petitioner dated 04.06.2024. 2.The learned Counsel for the petitioner submits that this Court has granted permission for adal padal programme and he has relied on several judgments including a Division Bench Judgment and prayed for setting aside the impugned order with a direction to the respondent police to grant permission to conduct adal padal programme during the temple festival. They are ready to conduct the programmes with the conditions to be imposed by the Court.

3.The learned Additional Public Prosecutor has raised serious objections that this adal padal programmes are conducted with obscenity and it promotes vulgarity. Therefore disputes arise among the organisers, villagers and the public leading to registration of several criminal cases. Several such incidents had occurred during such adal padal programmes. The learned Additional Public Prosecutor further submits that though the permission is granted with certain conditions, the conditions are not scrupulously followed.

Therefore, it is very difficult to implement the conditions with the available limited force. He pointed out that except permission for adal padal programme, they have granted permission for temple festival and also for police protection. Therefore apprehending law and order issue, the respondent police has not granted permission for adal padal programme.

4.This Court considered the rival submissions made. 5.The adal padal programmes now became common in almost all the temple festivals and it appears to be a cultural development in this State. By playing film music, the men and women dance in the stage in colourful attire. The learned Additional Public Prosecutor on instructions submits that most of these songs played during this programme are in double meaning with obscene words and induces vulgarity and sexuality. Such objections of the learned Additional Public Prosecutor cannot be denied in toto.

6.Tamil Nadu is a State having rich heritage and tradition with several arts and culture. Every region is having unique art and culture. However, the youngsters are not interested in the traditional and age old culture and they are preferring film songs rather than the traditional arts. Dancing with obscenity is a prohibited one and it was earlier called as record dance, later on developed as cabaret dance and now such dance is performed in the village festivals in the name of adal padal.

7.The temple festivals are conducted by collecting tax from the residents of the particular area, irrespective of their willingness to make their contributions.

8.When cyclone Khaja has ravaged Tanjore and Pudukottai districts, a few youngsters formed a team (now called as KAIFA) and by using the collected public money meant for adal padal programme, they have de-silted a water body in their village and the ground water level in that area got recharged. On noticing this, several volunteers, other villagers and many organisations have come forward and also made their contributions. So far they have de-silted 200 water bodies in several districts.

9.These adal padal programmes are being watched by everyone irrespective of their age and gender, while so, there should not be any obscenity and it should not spoil, especially the young minds. The youngsters and the villagers have to realise the benefits reaped by the Pudukottai, Tanjore and Nagapattinam districts and they have to spend the money for constructive purposes.

The organisers of the festival committee have to lead the youngsters in the right direction like KAIFA. A few youngsters had spent the money in such way and achieved this much and if ever

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