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2026 Supreme(Online)(Mad) 41648

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K.Ramakrishnan, J
K. Periyasamy – Appellant
Versus
The State of Tamilnadu – Respondent
W.P.Crl.(MD)No.2763 of 2026 and WMP Crl.(MD) No.670 of 2026



Advocates:
For the Appellants/Petitioners: Mr.M.Pandian
For the Respondents: Mr.S.Ravi Additional Public Prosecutor

High Court can direct grant of permission for cultural event when petitioner undertakes peace; refusal solely on anticipated law and order concerns invalid.

Headnote:Statute Analysis: Writ of Certiorarified Mandamus filed under Article 226 of the Constitution of India. Facts of the Case: Petitioner sought permission for "Adal Padal" cultural programme during temple festival; permission was refused by respondent police citing law and order concerns, but was otherwise granted for the festival with conditions.

Findings of Court:
Undertaking given by petitioner to conduct festival peacefully considered adequate; impugned refusal order set aside; permission directed to be granted with reasonable conditions.

Issues: Whether the refusal of permission for cultural programme was justified on grounds of anticipated law and order problems.

Ratio Decidendi: Court may interfere with police refusal where petitioner provides undertaking to conduct event peacefully and historically no incidents occurred; routine prohibition unwarranted when adequate safeguards offered.

Result: Impugned order set aside, writ petition allowed, permission for Adal Padal programme directed to be granted upon filing of undertaking as per DGP circular.

Table of Content
1. facts of representation rejection and impugned order. (Para 1)
2. arguments of both parties and undertakings offered. (Para 2 , 3)
3. court direction to set aside impugned order and grant permission with conditions. (Para 4 , 5)

O R D E R

The petitioner, who is the resident of South Malaiyadipatti, Rajapalayam, on behalf of the villagers, has submitted a representation before the second respondent police, for grant of permission to conduct festival at Thangamariyamman Temple from 12.05.2026 to 14.05.2026, along with ''Adal Padal programme'', however, the request of this petitioner for conducting ''Adal Padal programme'' was rejected by the second respondent, by the order impugned in this writ petition. Challenging the same, the present writ petition is filed.

2.The learned counsel appearing for the petitioner submits that as a part of customary temple festival celebrations, the villagers have conducted the cultural programme for several years peacefully without any law and order problem. He further submits that no untoward incident was reported in the previous years. The petitioner also assures that the festival will be conducted in a peaceful manner, without any law and order problem. Therefore, he requests to set aside the impugned order and to issue a direction to the respondents to grant permission to conduct the festival along with cultural programme as scheduled.

3.Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondents submits that apprehending law and order problem, the representation of this petitioner for conducting ''Adal Padal Programme' was rejected, however, permission was granted to conduct the temple festival in a peaceful manner, with certain conditions.

4.Considering the submissions made by the learned Counsel for the petitioner and also considering the undertaking given by the petitioner, this Court is inclined to set aside the impugned order.

5.Accordingly, the order passed by the second respondent in Na.Ka.No. 164/R1PS/RJPM/2026 dated 07.05.2026 is hereby set aside and this writ petition is allowed with the following directions:-

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