Fundamental rights to conduct cultural programmes and processions must be upheld unless substantively justified by law enforcement concerns.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR K.Palani Kumar S/o.Kadamban, Centre Incharge of Bharathi Seva Maiyam, Thiruvanmiyur, 44/24, Netaji 6^th Street, Lakshmipuram, Thiruvanmiyur, Chennai-41.

Petitioner Vs

1. The Inspector of Police, J6, Police Station, Thiruvanmiyur, Chennai - 600 041.

2.The Joint Commissioner of Police, South Zone, Greater Chennai Police.

3.The Commissioner of Police, South Zone, Greater Chennai Police.

Respondents PRAYER This writ petition is preferred under Article 226 of the Constitution of India seeking to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned communication of the 1st respondent dated 22.02.2026, quash the same and further direct the respondents to grant permission to the petitioner to conduct the Children procession on 01.03.2026 or on any other date, from Gandhi Statue in Kamarajar Salai, Lakshmipuram, Thiruvanmiyur through 1st Cross Street, Gangai Amman Koil Street, Beach Road, Muthulakshmi Salai, Kalakshetra Road and Kamarajar Salai followed by a public cultural meeting / event near Gandhi Statue in Kamarajar Salai, Lakshmipuram, Thiruvanmiyur and pass such further and other orders that this Hon’ble Court may deem fit and proper in the circumstances of the present case and thus render justice.

For Petitioner: Mr.A.Kumaraguru for Mr.V.Chandrasekaran For Respondents: Mr.Leonard Arul Joseph Selvam, Addl. Public Prosecutor

ORDER

Challenging the order passed by the first respondent dated 22.02.2026 denying permission for the petitioner to conduct cultural programme and procession, the present writ petition has been filed by the petitioner.

2.Mr.A.Kumaraguru, learned counsel for Mr.V.Chandrasekaran, learned counsel on record for petitioner is before this Court.

3.The learned counsel for the petitioner submitted that the petitioner is incharge of the Bharathi Seva Maiyam situated in Lakshmipuram, Tiruvanmiyur, Chennai. It is submitted that their centre has been running for the past 24 years and they have been conducting cultural programmes for their children in the centre and so far, their programme has been conducted in a peaceful manner. The learned counsel for the petitioner submitted that their centre has intended to conduct its 24^th Annual day celebration with cultural programme of the children in their centre in the name and style ‘Adiyargaludan Arumugam’ and they have also planned to have a procession through Lakshmipuram, Gangaiamman Koil street, Beach Salai, Muthusami Road, Kalashetra Road and Kamarajar Road in a peaceful manner. Hence, the petitioner has submitted an application before the first respondent seeking permission to conduct the programme. But, vide the impugned communication dated 22.02.2026, the first respondent police has denied the permission stating that it would affect the movement of the public and transport and there will be likelihood of law and order problem.

4.The learned counsel for the petitioner submitted that the impugned communication denying permission to conduct the programme is unreasonable and that the permissions have been granted in previous years to conduct the programme and procession in the same name and in the same route and therefore, rejecting the request of the petitioner to conduct the programme and procession this year is illegal. The learned counsel has also relied on the earlier order passed by this court in W.P.No.6910 of 2025, dated 04.03.2025, wherein the impugned order passed by the police in the previous year has been set aside and a direction