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2026 Supreme(Online)(Mad) 41782

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Vijayakumar, J
K. Palanisamy – Appellant
Versus
Deputy Superintendent of Police – Respondent
W.M.P.Crl.(MD).No.683 of 2026



Advocates:
For the Appellants/Petitioners: R. Karthic Rajan
For the Respondents: R. Meenakshi Sundaram

Administrative authorities cannot reject permission for cultural events based on mere speculation of law and order concerns without providing concrete evidence or material justification.

Headnote:The petitioner filed a Writ Petition challenging an order rejecting permission for a cultural programme. The court analyzed the legality of the rejection on the grounds of potential law and order issues without concrete evidence. The court determined that such administrative decisions must be based on objective material rather than mere presumption and directed that permission be granted with specific conditions regarding timing and the nature of performances. The central issue was whether the respondents could refuse permission for a religious cultural event based on vague fears of law and order disturbances. The ratio decidendi established that administrative denial of rights based on speculative threats without tangible evidence is unsustainable. The court held that rights to conduct cultural events should be protected unless there is a proven imminent threat to public order. The final outcome was that the impugned order was set aside and the respondents were directed to grant permission and protection, subject to the conditions specified.

Table of Content
1. administrative rejection of requests requires concrete justification rather than mere presumption. (Para 1 , 2)
2. courts may uphold cultural activities while imposing reasonable restrictions to ensure public order. (Para 3)

ORDER

The present Writ Petition has been filed seeking to quash the order passed by the second respondent on 11.05.2026, wherein, the request of the petitioner for granting permission and police protection for conducting Adal Padal programme on 20.05.2026 and 22.05.2026 has been rejected on the sole ground that law and order problem is likely to arise.

2. A perusal of the impugned order clearly reveals that it is based on the presumption that law and order problem is likely to arise in case of Adal Padal programme and no concrete material has been placed in the impugned order.

Therefore, it is set aside.

3. In view of the abovesaid deliberation, the second respondent is directed to grant permission and provide police protection for conducting the festival on the aforesaid dates. It is made clear that the function shall be completed before 10.00 PM on the relevant dates. It is also made clear that the police authorities are entitled to interfere and stop the function, if any obscene dances are performed.

4. With the above observations, this Writ Petition stands disposed of.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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