2026 Supreme(Online)(Mad) 37689
IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
Senthil – Appellant
Versus
Superintendent of Police, Sivagangai District – Respondent
W.P.M.P.Crl.(MD)N.580 of 2026
For the Appellants/Petitioners: Mr.J.Leo Daniel Kavin
For the Respondents:Mr.M.Sakthi Kumar (R1 - R3), Government Advocate (Crl.), Mr.T.Veerakumar (R4)
Police must follow DGP circulars mandating consideration of cultural program permissions at temples, subject to decency conditions.
Headnote:The petitioner sought permission under Article 226 of the Constitution of India to challenge the refusal by police authorities to permit evening cultural festivities during the Sri Maha Sathayya temple festival. Key facts involved an application dated 15.04.2026 rejected on 15.04.2026. The court noted circulars from the Director General of Police (Rc.No.159539/Crime.4(3)/2018 dated 31.10.2018 and Rc.007301/GenlI(1)/2019 dated 09.04.2019) directing consideration of such applications, finding the rejection non-compliant. The primary issue was whether the rejection order violated police circular instructions mandating consideration of cultural program permissions. The court's ratio decidendi emphasized quashing the order due to mandatory guidelines in the circulars, allowing the petition subject to strict conditions ensuring decency, no obscenity, time limits, and communal harmony. The writ petition was allowed, impugned order quashed, permission granted for Adal Padal program from 08.00 p.m. to 10.00 p.m. on 09.05.2026 with enumerated conditions; connected miscellaneous petition closed.
| Table of Content |
|---|
| 1. challenges rejection of temple festival permission. (Para 1) |
| 2. dgp circulars mandate permission consideration. (Para 2) |
| 3. order quashed with strict cultural conditions. (Para 3) |
ORDER
This petition has been filed challenging the rejection order passed by the
3rd respondent, dated 15.04.2026 with a consequential direction to the the respondents herein to grant permission for conducting evening cultural festivities in connection to the Sri Maha Sathayya temple festival on 09.05.2026 from 06.00 p.m to 10.00 p.m on the basis of the application dated
15.04.2026.
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 15.04.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:-
(a) The petitioner is permitted to conduct Adal Padal program on
09.05.2026 from 08.00 p.m., to 10.00 p.m., in Sri Maha Sathayya temple festival, Sathanoor Village, Ilayangudi Taluk, Sivagangai 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. This order should be followed in letter and spirit. If the same is violated, the respondent police can take strict action. No costs. Consequently, connected Miscellaneous Petition is closed.