K P MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) Both are writ petitions concerning the right to perform cabaret dances in restaurants; though the nature of reliefs sought is different. In O. P. No. 7675 of 1983 filed by one Sri. K. P. Mohammed, President of All India Lohia Vichar Manch & Member, Cabaret Virudha Samithi, Calicut, the main prayer is for the issue of a writ of mandamus directing respondents 1 and 2, namely, the State of Kerala and the Corporation of Calicut, to ban the Cabaret dance conducted in various restaurants in the city of Calicut. In O. P. No. 8271 of 1983, filed by M/s. Queens Restaurant (Private) Ltd., Calicut, represented by its Managing Director, the main relief sought is the issue of a writ of mandamus directing the respondents, the Police authorities in the city of Calicut, to forbear from interfering with the petitioner's right to cater to the needs of the adult customers who purchase cabaret coupons for admission to the hall exclusively reserved for them.

(2.) In these writ petitions, therefore, the question would arise as to whether cabaret dances are to be banned totally or they are to be permitted without any restrictions whatsoever. In the event of our finding that some reasonable restrictions are necessary, what could broadly be such restrictions also has to be indicated.

(3.) Cabaret by itself is not in any way obnoxious, if understood in the correct sense in which it ought to be understood. In Encyclopaedia Britanica (Micropaedia), 15th Edition, Volume II, at page 20, cabaret is defined: