SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 30281

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
K.Kalimuthu – Appellant
Versus
The Returning Officer / Revenue Divisional Officer, Rajapalayam, Virudhunagar District. – Respondent
WPMP CRL.(MD). No.505 of 2026



Advocates:
For the Appellants/Petitioners:Mr. R.Karthic Rajan, Advocate.
For the Respondents:Mr.M.Muthumanikkam for R1 Government Advocate (Civil Side), Mr.M.Sakthi Kumar for R2 Government Advocate (Crl.Side)

Police must consider permission applications for cultural programmes per circulars, subject to conditions ensuring decency and harmony.

Headnote:The petitioner challenged the rejection of permission for a cultural programme under police circulars dated 31.10.2018 and 09.04.2019, which mandate consideration of applications for cultural events. Essential facts involved denial of permission for 'Adal Padal' during a temple festival. The court found the rejection order unsustainable in light of the circulars directing permission with conditions. Issues framed as validity of rejection against police guidelines. Ratio decidendi emphasized mandatory consideration of permissions for relevant cultural programmes, quashing arbitrary refusals. Writ petition allowed with detailed conditions on programme conduct, timing, decency, and harmony.

Table of Content
1. challenges rejection of cultural programme permission. (Para 1)
2. relies on police circulars for permission consideration. (Para 2)
3. quashes order, grants conditional permission. (Para 3)

ORDER

This petition has been filed challenging the rejection order passed by the second Respondent vide proceedings Na.Ka.No. 69/R1PS/RJPM/2026 dated 05.04.2026 and quash the same in so far as it relates to condition No.1 rejecting permission for conducting the Adal Padal Programme and consequently, directing the respondents to grant permission and necessary protection to conduct the "Adal Padal"Programme on 15.04.2026 at 7.00 pm to 10.00 pm in connection with "Pongal Thiruvizha" of Arulmigu Mariamman Kovil, Thoppupatti Street, Rajapalayam Taluk, Virudhunagar District.

2. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu issued two circulars bearing Rc.No.159539/Crime. 4(3)/2018, signed on 31.10.2018 and Rc.007301/GenlI(1)/2019, dated 09.04.2019, wherein instructions have been given to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme.

3. In view of the above, the impugned order dated 05.04.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:-

(a) The petitioner is permitted to conduct Adal Padal program on

15.04.2026 from 07.00 p.m., to 10.00 p.m., in connection with "Pongal Thiruvizha" of Arulmigu Mariamman Kovil, Thoppupatti Street, Rajapalayam Taluk, Virudhunagar District.

(b) The organisers, who shall be the responsible members of the festival committee, shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted;

(c) The program shall not extend beyond 10 p.m.;

(d) No women participating in the cultural program would be depicted or portrayed in an obscene or undignified manner either in the form of clothing or otherwise;

(e) The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played;

(f) There shall be no supply of alcohol or any intoxicating material in and around the area where cultural program is scheduled to be held;

(g) None of the songs or dances performed in the said programme shall exhibit any political tone, tenor, or colour, nor shall they relate to or promote any religion, community, or caste.

(h) Organizers shall not erect any digital banners/placards on either side of the arterial roads, platforms, walkways/major roads and any other roads;

(i) the function should not affect caste, religious or communal harmony and shall be conducted without any discrimination;

(j) The attire of the dancers performing in the said programme should be modest and does not involve exposure of the midriff, thighs, legs or chest. Any violation of this condition shall result in legal action, including the arrest of the organisers and all members of the temple committee.

(k) the Police is empowered to stop the programme, if it exceeds beyond the permitted time;

(l) if any untoward incident takes place, the organizers of the programme be made responsible for the same;

(m) the organizers shall have to obtain all other required permission from the authorities concerned;

(n) Any other conditions as the authority concerned consider to impose according to the ground reality.

In case of violation of any conditions, it is open to the authorities to initiate such action as is required under law and the persons who are the organisers/committee members shall be held responsible. No costs.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top