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2026 Supreme(Online)(Mad) 41590
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Srimathy, J
Kalimuthu – Appellant
Versus
The Superintendent of Police – Respondent
For the Appellants/Petitioners: Mr.D.Venkatesh
For the Respondents: Mr.A.S.Abul Kalaam Azad Government Adv. (Crl. Side)
Authorities must facilitate cultural events in democratic societies while imposing reasonable conditions for public safety.
Headnote:First Paragraph: The petitioner seeks a writ of mandamus directing the respondents to grant permission and police protection for conducting a cultural program. The respondents submit that a caste and religious clash exists, opposing permission. The court holds that festivals should be conducted in a democratic country and directs the respondents to grant permission with adequate police protection. Second Paragraph: The main issue is whether the respondents can deny permission for a cultural event citing potential caste or religious clashes when such events have occurred previously without incident. The court's ratio is that government authorities cannot arbitrarily restrain citizens from conducting festivals and must facilitate them, subject to reasonable conditions. Last Paragraph: The writ petition is disposed of with directions to the respondents to grant permission, provide police protection, restrict the event to 10:00 p.m., and bear costs of additional police deployment by the petitioner's cultural committee.
| Table of Content |
|---|
| 1. writ of mandamus sought for event permission and police protection. (Para 1) |
| 2. respondents allege caste and religious clash; petitioner denies incident history. (Para 2 , 3) |
| 3. court directs permission and protection with time and conduct restrictions. (Para 4 , 5) |
| 4. disposition of writ petition with directions to respondents. (Para 6) |
O R D E R
This writ petition has been filed seeking a direction to the third respondent to grant permission and provide police protection for conducting the cultural programme (Gramiya Nadhana Kalai Nihalchi) on 06.05.2026 and 07.05.2026 between 7.00 p.m. and 11.00 p.m. at Arulmigu Sri Kottai Kaliyamman Temple situated at Balasamuthiram Village, Palani Taluk, Dindigul District, by considering the petitioner’s representation dated 29.04.2026.
2. The learned Government Advocate (Criminal Side), on instructions, submitted that there exists a caste as well as religious clash in the area and therefore, the respondents are not inclined to grant permission or provide protection for the said cultural event.
3. The learned counsel for the petitioner submitted that the cultural programme has been conducted every year and that there has been no caste or religious clash, as alleged by the respondents.
4. Considering the facts and circumstances of the case, this Court is of the considered opinion that any festival shall be conducted in the democratic country and therefore, the respondents cannot restrain the petitioner and other persons who are conducting the festival. The respondents are directed to grant permission and provide adequate police protection, subject to applicable conditions. The petitioner shall strictly adhere to all such conditions. The cultural programme shall be conducted only up to 10.00 p.m. and not beyond. The events shall be conducted in a proper manner, and there shall be no obscenity, inappropriate dancing, songs or gestures.
5. The respondents shall deploy additional police force, if required. The cost of such additional police deployment shall be borne by the petitioner’s cultural committee.
6. Accordingly, this writ petition stands disposed of with a direction to the respondents to consider the representation of the petitioner dated 29.04.2026 forthwith based on the above observation.
No costs.
06.05.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PKN Note: Issue order copy today.
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