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2026 Supreme(Online)(Mad) 36869

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
P.Muthukumar – Appellant
Versus
The Revenue Divisional Officer/The Election Officer, Bodinayakkanur Assembly Constituency, Theni District – Respondent
W.P.M.P.Crl.(MD)N.577 of 2026



Advocates:
For the Appellants/Petitioners: Mr.K.Srinivasaragavan
For the Respondents:Mr.M.Muthumanikkam (R1), Government Advocate (Civil), Mr.M.Sakthi Kumar (R2 & R3), Government Advocate (Crl.)

Court quashed rejection of cultural program permission relying on police circulars, imposing strict regulatory conditions.

Headnote:Under Article 226 of the Constitution of India, the petitioner challenged the rejection order dated 09.04.2026 denying permission for a cultural program 'Adal Padal' at a temple. The court noted police circulars dated 31.10.2018 and 09.04.2019 directing consideration of such applications. The court quashed the order, finding it contrary to these instructions. The sole issue was the validity of the rejection of permission for the cultural program during the temple festival. The ratio decidendi rested on mandatory compliance with police circulars ensuring regulated cultural performances without obscenity or disruption. The writ petition was allowed, quashing the impugned order and directing permission subject to specified conditions including time limits, modest attire, no alcohol, and no political or communal content.

Table of Content
1. challenges rejection of cultural program permission. (Para 1)
2. police circulars mandate permission consideration. (Para 2)
3. order quashed with strict conditions for conduct. (Para 3)

ORDER

This petition has been filed challenging the rejection order passed by the

2nd respondent, dated 09.04.2026 with a consequential direction to the 2nd respondent to grant permission and necessary protection to perform the cultural program (ie) Adal Padal on 29.04.2026 in the evening at Sri Kaliamman, Mariamman, Vinayagar Temple, Nagalapuram Village, P.C.Patti Jurisdiction Circle.

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 09.04.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:-

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

29.04.2026 from 07.00 p.m., to 10.00 p.m., in Sri Kaliamman, Mariamman, Vinayagar Temple, Nagalapuram Village, P.C.Patti Jurisdiction Circle.

(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.

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