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2026 Supreme(Online)(Mad) 37962

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
S.Muthusamy – Appellant
Versus
Revenue Divisional Officer / The Election Officer, Andipatti Assembly Constituency, Andipatti, Theni District – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.K.Srinivasaragavan
For the Respondents:Mr.C.Satheesh Government Advocate (Crl.side), Mr.M.Sakthi Kumar Government Advocate (Crl.side)

Court quashed rejection of permission for temple cultural programme, granting it subject to conditions ensuring decency and public order.

Headnote:Under Article 226 of the Constitution of India, the petitioner challenged the rejection of permission for a cultural programme (Adal Padal) during a temple festival. The facts involved denial by police citing police circulars on cultural events. The court noted police circulars dated 31.10.2018 and 09.04.2019 directing consideration of such applications. The court quashed the rejection order. The primary issue was whether permission for the cultural programme during the temple festival should be granted. The court relied on police circulars mandating consideration of applications, finding the rejection improper. The writ petition was allowed subject to conditions ensuring decency and order. The impugned order dated 04.04.2026 was quashed, permission granted for the programme from 07.00 p.m. to 10.00 p.m. on 20.05.2026 with specified conditions.

Table of Content
1. challenges rejection of cultural programme permission. (Para 1)
2. police circulars mandate considering permission applications. (Para 2)
3. quashes order, grants permission with strict conditions. (Para 3)

ORDER

This petition has been filed challenging the rejection order passed by the third respondent, dated 04.04.2026 with a consequential direction to the respondents to grant permission and necessary protection to perform the cultural programe (ie) Adal Padal on 20.05.2026 at 06.00 pm to 10.00 pm in the evening of “Arulmighu Sri Rajakaliamman Thirukovil Chiththirai Thiruvizha”, Perumalkovilpatti Village, Theni 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 04.04.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:-

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

20.05.2026 from 07.00 p.m., to 10.00 p.m., in Arulmighu Sri Rajakaliamman Thirukovil Chiththirai Thiruvizha, Perumalkovilpatti Village, Theni 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.

30.04.2026 NCC : Yes / No Index : Yes / No rmi/pnn Note: Issue order copy on 30.04.2026.

TO:-

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