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2026 Supreme(Online)(Mad) 41779

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Vijayakumar, J
Balachandran – Appellant
Versus
Superintendent of Police – Respondent
W.M.P.Crl.(MD)No.682 of 2026



Advocates:
For the Appellants/Petitioners: M.Prabhu
For the Respondents: R.Meenakshmi Sundaram

Administrative authorities cannot reject permission for cultural events based solely on presumptions of potential law and order problems without concrete evidence.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India challenging the respondent's decision to deny permission for an 'Adal Padal' cultural program during a local temple festival, based on the apprehension of a law and order disturbance. The Court emphasized that administrative rejections cannot be based solely on presumptions of public unrest. The core issue was whether the authorities were justified in denying permission for a religious event based on speculative concerns regarding public order. The Court reasoned that generic apprehensions are insufficient to curtail fundamental rights and directed the respondent to grant permission while observing that authorities remain empowered to impose reasonable conditions per established guidelines. The writ petition is allowed with a direction to the respondent to grant permission and provide necessary police protection, subject to the conditions stipulated by the Director General of Police.

Table of Content
1. permission for events cannot be denied based on speculative law and order concerns. (Para 1 , 2)

ORDER

The present writ petition has been filed to quash the order passed by the second respondent on 12.05.2026 wherein the request of the petitioner for conducting adal padal function has been rejected.

2.A perusal of the impugned order reveals that the petitioner's request has been rejected primarily on the presumption that the law and order problem is likely to rise. Since the impugned order has been passed based on assumption, it is set aside and the writ petition is allowed. The second respondent is directed to grant permission and provide police protection for the above said festival. The second respondent is at liberty to stipulate any condition as per the circular issued by the Director General of Police in Rc.No.007301/Genl.I(1)/2019, dated 09.04.2019. No costs. Consequently, connected miscellaneous petition is closed.

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