Madras High Court
B.Ramkumar Adityan vs District Collector on 14 September, 2022
W.P(MD)No.21756 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD)No.21756 of 2022
and
W.M.P(MD)No.15922 of 2022
B.Ramkumar Adityan ... Petitioner
vs.
1. District Collector,
Thoothukudi District,
Thoothukudi-628 101,
Thoothukudi District.
2. Superintendent of Police,
Thoothukudi District Police,
Thoothukudi-628 101,
Thoothukudi District.
3. Superintendent of Police,
Tirunelveli District Police,
Tirunelveli-627 011,
Tirunelveli District.
4. The Inspector of Police,
Kulasekarapattinam Police Station,
Kulasekarapattinam-628 206,
Thoothukudi District.
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W.P(MD)No.21756 of 2022
5. Executive Officer,
Hindu Religious and Charitable Endowment Department,
Arultharum Mutharamman Thirukoil,
Kulasekaranpatinam-628 206,
Thoothukudi District. ... Respondents
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.
For Petitioner : Mr.S.Sankar
For R1 : Mr.P.Thilakkumar, Government Pleader
For R2 to R4 : Mr.T.Senthil Kumar
Additional Public Prosecutor
For R5 : Mr.M.Muthugeethayan
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W.P(MD)No.21756 of 2022
ORDER
(Order of the Court was made by R.MAHADEVAN, J.)
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
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W.P(MD)No.21756 of 2022
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
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W.P(MD)No.21756 of 2022
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 age old Traditional
Viradham System and Culture of the Arultharum Mutharamman Thirukovil,
located in Kulasekarapattinam. The fame of Dasara festival is shadowed by
the performance of the obscene and vulgar dances.
4. The learned counsel for the petitioner also submitted that this
Court in a public interest litigation in W.P(MD)No.16077 to 2017 has also
directed the authorities to ban dance performance of paid dancers in Dasara
groups. Further, the petitioner also filed W.P(MD)No.18348 of 2018, for
directing the respondents to ban obscene and vulgar dance and wearing
communal identity costumes in Dasara festival of Kulasekaranpatinam and
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W.P(MD)No.21756 of 2022
this Court had directed the authorities to ensure that the abovesaid order
passed by the Division Bench is strictly complied with in letter and spirit.
Thus, the learned counsel would pray for allowing the writ petition.
5. The learned Additional Public Prosecutor appearing for the
second and fourth respondents submitted that pursuant to the order passed
by this Court in W.P(MD)No.13517 of 2017 dated 25.07.2018, regarding the
conduct of cultural programmes, the Director General of Police, Chennai,
has issued a circular memorandum in Rc.No.159539/Crime.4(3)/2018,
dated 31.10.2018, to all the Commissioners of Police in Cities and all the
Superintendent of Police in Districts, instructing them to ensure that the
directions issued by this Court in the said writ petition are implemented
without any deviation. Further, the Inspectors/Station House Officers were
directed to get an undertaking from the petitioners/organizers at the time of
granting permission to the cultural dance programmes and also to get an
assurance from the organisers that there will not be any obscenity or
vulgarity in the cultural programme and there will not be any disturbance to
the public peace and tranquility and if any violation is noticed, the police
authorities were directed to take appropriate criminal action/stringent action
against the concerned persons in accordance with law without any delay.
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W.P(MD)No.21756 of 2022
6. The learned Additional Public Prosecutor further submitted that
thereafter in 2019, referring to various orders issued by this Court with
regard to grant of permission to hold various events, such as, Aadal Padal
programme, sports event, procession/meeting etc., with stipulated
conditions, the Director General of Police, Chennai, has issued another
Circular Memorandum in Rc.007301/Genl I (1)/2019, dated 09.04.2019,
whereby, consolidated instructions with regard to the procedures to be
followed while granting permission to conduct cultural events, sports events,
procession/meeting etc, have been issued. The said circular memorandum
has been addressed to all the Commissioners of Police and Superintendent
of Police, instructing them to sensitize the Station House Officers under their
control in this regard and communicate these instructions with copies
marked to all the Inspectors Generals of Police in Zones, all the Deputy
Inspectors Generals of Police in Ranges and Legal Advisor to DGP/Legal
Advisor(S) to DGP, to follow the instructions while granting permission for
such events. Thus, the learned Additional Public Prosecutor submitted that
the directions contained in the Circular Memorandum in Rc.007301/Genl I
(1)/2019 dated 09.04.2019, and the earlier order passed by the Division
Bench of this Court in W.P(MD)No.16077 of 2017 dated 31.08.2017 in
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W.P(MD)No.21756 of 2022
respect of the very same Dasara festival at Kulasekaranpatinam, will be
followed in letter and spirit.
7. We have heard the learned counsel appearing for the parties
and perused the materials available on record.
8. The petitioner has filed the photographs of Dasara festival from
pages 22 to 37 of the typedset of papers. While photographs from page
Nos.22 to 27 relating to Dasara celebration in other places in India show
traditional culture and customs, photographs from pages 28 to 37 relating
to devotees who are observing viradham and watching dances at
Kulasekaranpatinam Dasara celebration, conspicuously show that such
dances are performed by paid dancers exhibiting obscene and vulgar
postures making mockery of the traditional culture and customs to be
followed in Dasara festival and denigrating the Hindu religious sentiments.
In the affidavit filed in support of the writ petition, the petitioner has clearly
narrated about the performance of paid dancers during Dasara festival at
Kulasekaranpatinam celebrated for the years 2017 and 2018 and he has
also cited the lists of Kuthu songs for which the paid dancers are exhibiting
obscene dance with vulgar words. Portrayal of women in an indecent
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W.P(MD)No.21756 of 2022
fashion itself is an offence under the provisions of the Indecent
Representation of Women (Prohibition) Act, 1981.
9. Even the petitioner has filed W.P(MD)No.16077 of 2017, seeking
the very same relief for the Dasara festival of the year 2017 and a Division
Bench of this Court has passed the following order:-
''The petitioner seeks a direction for banning dance
performance of paid dancers like bar dance girls, Tv and Cinema
Actors and others during the conduct of Dhasara festival of
Arultharum Mutharamman Thirukovil, located in
Kulasekarapattinam, Thoothukudi District. He has given a
representation in this regard to the authorities. Since the same
was not considered, this Writ Petition has been instituted.
2.Heard the learned counsel for the parties.
3.It is submitted that the Dussera festival for the said
temple attracts thousands of devotees from all over India. The
devotees dress themselves in a variety of costumes. Music and
dance programmes are also conducted. This Court cannot
restrain anybody from participating in any such functions. Tv
and Cinema actors and actresses are also entitled to take part in
such functions. This Court can take note of the fact that
invariably the said programmes are full of cinema motifs and
themes. But, that is a part of popular culture and there cannot
be any intervention in such matters. But, vulgarity and
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W.P(MD)No.21756 of 2022
obscenity cannot be displayed in the name of arts. Therefore,
this writ petition is disposed of with a direction to the authorities
to ensure that there is no display of vulgarity or obscenity in
connection with the temple festival of Arultharum Mutharamman
Thirukovil, located in Kulasekarapattinam, Thoothukudi District.
4.This Writ Petition is disposed of accordingly. No costs.''
10. Again in 2018, the petitioner has moved this Court in
W.P(MD)No.18348 of 2018, seeking the very same relief for the Dasara
festival of the year 2018 and the learned Single Judge of this Court by order
dated 23.08.2018, following the abovesaid Division Bench judgment, has
disposed of the said writ petition, directing the third and fourth respondents
therein, to strictly comply with the abovesaid directives of the Division
Bench in letter and spirt.
11. Now the petitioner has filed this writ petition as a public interest
litigation, directing the second and third respondents to obtain a declaration
from the organisers of all Dasara Groups 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.
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W.P(MD)No.21756 of 2022
12. The Circular Memorandum in Rc.007301/Genl I (1)/2019 dated
09.04.2019 issued by the Director General of Police, Tamil Nadu, referring
to the various orders issued by this Court on the issue, shows that
consolidated instructions with regard to the procedures to be followed while
granting permission to conduct cultural events, sports events,
procession/meeting etc, have been given. The said circular memorandum
has been addressed to all the Commissioners of Police and Superintendent
of Police, instructing them to sensitize the Station House Officers under their
control in this regard and communicate these instructions with copies
marked to all the Inspectors Generals of Police in Zones, all the Deputy
Inspectors Generals of Police in Ranges and Legal Advisor to DGP/Legal
Advisor(S) to DGP.
13. We are of the view that the petitioner has produced materials to
substantiate his plea of exhibition of obscene and vulgar dance during the
earlier Dasara festival for the years 2017 and 2018. Thus, the
apprehension of the petitioner to protect the traditional culture and customs
of Dasara festival from the vulgar and obscene dance performance, is well
founded. However, now it is the submission of the learned Additional Public
Prosecutor that the Circular Memorandum in Rc.007301/Genl I (1)/2019
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W.P(MD)No.21756 of 2022
dated 09.04.2019 and the directives of the Division Bench in W.P(MD)No.
16077 of 2017, dated 31.08.2017, will be followed by the police authorities
in letter and spirit, during the forthcoming Dasara festival.
14. In view of the above, recording the abovesaid submission of the
learned Additional Public Prosecutor, we dispose of this Writ Petition,
directing the respondents to ensure that Circular Memorandum in Rc.
007301/Genl I (1)/2019 dated 09.04.2019 and the directives of the Division
Bench in W.P(MD)No.16077 of 2017 dated 31.08.2017 are followed in letter
and spirit in the forthcoming Dasara festival of Arultharum Mutharamman
Thirukovil at Kulasekarapattinam, Thoothukudi District. We direct that the
obscene and vulgar dance performance should be specifically prohibited by
the Police authorities in the forthcoming festival and if any one violates the
same, appropriate action shall be taken against them in line with the
abovesaid Circular Memorandum. No costs. Consequently, connected
miscellaneous petition is closed.
[R.M.D.,J.] & [J.S.N.P.,J.]
Index : Yes / No 14.09.2022
Internet : Yes
bala
Issue order copy today itself
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W.P(MD)No.21756 of 2022
To
1. District Collector,
Thoothukudi District,
Thoothukudi-628 101,
Thoothukudi District.
2. Superintendent of Police,
Thoothukudi District Police,
Thoothukudi-628 101,
Thoothukudi District.
3. Superintendent of Police,
Tirunelveli District Police,
Tirunelveli-627 011,
Tirunelveli District.
4. The Inspector of Police,
Kulasekarapattinam Police Station,
Kulasekarapattinam-628 206,
Thoothukudi District.
5. Executive Officer,
Hindu Religious and Charitable Endowment Department,
Arultharum Mutharamman Thirukoil,
Kulasekaranpatinam-628 206,
Thoothukudi District.
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W.P(MD)No.21756 of 2022
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
bala
ORDER MADE IN
W.P(MD)No.21756 of 2022
DATED : 14.09.2022
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