Gururaj vs State of Tamilnadu - 2026 Supreme(Online)(Mad) 41775

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2026 Supreme(Online)(Mad) 41775

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Vijayakumar, J
Gururaj – Appellant
Versus
State of Tamilnadu – Respondent
W.M.P.Crl.(MD)No.681 of 2026

Important Points

An administrative order denying permission for a public cultural event purely based on the presumption of a potential law and order problem without specific material is unsustainable and liable to be set aside.

Subject

Writ Jurisdiction - Administrative Law

Act Referred

Constitution of India: Art.226

Headnote

The petitioner sought to quash an order rejecting permission to conduct a cultural program (Adal Padal) at a village temple festival. The court reviewed the impugned order, which was based on a presumption of potential law and order issues. The court addressed whether mere apprehension of a law and order disturbance justifies the denial of permission for a cultural event. The court held that such vague apprehensions are insufficient to curtail religious and cultural assemblies, finding the rejection unjustified and setting aside the administrative order. The writ petition is allowed, and the respondents are directed to grant permission with conditions regarding time and content.

Advocates:
For the Appellants/Petitioners: S. Bharathi
For the Respondents: Abdul Kalam Azad

Table of Content
1. administrative rejection based solely on unsubstantiated apprehension of law and order issues is invalid. (Para 1 , 2)

ORDER

The present writ petition has been filed to quash the order passed by the second respondent on 07.05.2026 wherein the request to the petitioner to conduct adal padal programme on 28.05.2026 has been rejected.

2.A perusal of the impugned order clearly reveals that it is passed based upon the presumption that law and order problem is likely to arise when the function is conducted. Hence, it is liable to be set aside. Accordingly, the impugned order is set aside and the writ petition is allowed. The second respondent is directed to grant permission and provide police protection for the abovesaid function. It is made clear that the function shall be completed before 10.00 pm. The second respondent is entitled to interfere and stop the function in case of any obscene dances are performed. No costs. Consequently, connected miscellaneous petition is closed.