Back
2026 Supreme(Online)(Mad) 43745
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Murali Shankar, J
M.Venkatesh – Appellant
Versus
Superintendent of Police, Virudhunagar District – Respondent
W.P.Crl.(MD) No.2885 of 2026
For the Appellants/Petitioners: S.Maya Perumal
For the Respondents: S.Sivasubramanian
Permission to conduct cultural programs cannot be refused by police based on unsubstantiated apprehensions of law and order issues; such activities must be regulated through reasonable conditions rather than blanket prohibitions.
Headnote:The case involves a challenge to an order passed by police authorities refusing permission to conduct a cultural dance program at a village temple, citing concerns regarding law and order. The court analyzed the request under Article 226 of the Constitution of India, noting that the rejection was based on mere apprehension without concrete evidence of potential disturbance. The court addressed the issue of the balance between public order and the right to conduct cultural festivals. The ratio decidendi emphasizes that police authorities cannot deny permission for cultural events based on unsubstantiated assumptions, especially when historical performance records are peaceful. The court directed that permission be granted subject to specific conditions to ensure public safety and decorum. The final outcome is that the impugned order is set aside, and the respondent is directed to permit the performance between 07.00 p.m. and 10.00 p.m. subject to stipulated conditions.
| Table of Content |
|---|
| 1. challenge to administrative denial of permission for temple events. (Para 1 , 2 , 3) |
| 2. court intervention when rejection lacks supporting evidence. (Para 4 , 5 , 6) |
| 3. regulation of cultural programs through mandatory conditions. (Para 7 , 8 , 9) |
ORDER
The present Writ Petition has been filed seeking to quash the order passed by the third respondent herein on 21.05.2026, whereby the request of the writ petitioner for conducting the Aadal Paadal program on 30.05.2026 has been rejected.
2.On a perusal of the impugned order, it is seen that the rejection has been made on the ground that there exists a possibility of disturbance to law and order.
3.The learned counsel appearing for the writ petitioner would submit that similar functions had been conducted in the previous years without any untoward incident and that there was absolutely no law and order problem. According to the learned counsel, the impugned order is founded merely on apprehensions and presumptions, without any supporting materials. It is further submitted that the writ petitioner seeks permission to conduct the festival and “Aadal Paadal” programme on 30.05.2026.
4.The learned Counsel for State of Tamil Nadu (Crl. Side) appearing for the respondents would submit that they may be permitted to conduct the Adal Padal programme on 30.05.2026 from 07.00 pm to 10.00 pm and the organizers may be directed to follow the conditions to be imposed.
5.At this juncture, the learned counsel appearing for the writ petitioner would submit that they will follow the directions to be imposed by the Court as well as the respondent police.
6.Considering the above facts and circumstances and in the absence of any concrete materials to substantiate the apprehension of law and order problem, the impugned order dated 21.05.2026 passed by the second respondent is set aside.
7.It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai, has issued a Circular Memorandum in Rc.No. 007301/Genl.I(1)/2019, dated 09.04.2019, prescribing guidelines and instructions to the Inspectors of Police throughout the State for consideration of applications seeking permission to conduct cultural programmes.
8.In view of the detailed circular and guidelines issued by the Director General of Police and taking note of the undertaking given on behalf of the writ petitioner that they would strictly abide by the conditions imposed by the authorities, third respondent is directed to consider the writ petitioner's fresh representation dated 22.05.2026 and permit the writ petitioner to conduct the “Aadal Padal” programme on 30.05.2026 at "Arulmigu Sri Santhana Mariyamman Sri Karuppasamy Thirukovil" at Maniyampatti Village, Sattur Taluk, Virudhunagar District between 07.00 p.m. and 10.00 p.m., subject to the following conditions, in addition to any other reasonable conditions that may be imposed by the respondent police:
(a) The programme shall be conducted in a peaceful and orderly manner without causing any disturbance to public peace and tranquility or giving rise to any law and order problem;
(b) No obscene dance performance, vulgar dialogues or double meaning songs shall be played or performed during the programme;
(c) The cultural programme shall be conducted strictly between 07.00 p.m. and 10.00 p.m.;
(d) In the event of violation of any of the above conditions, the respondent police or any officer duly authorised by them shall be at liberty to take appropriate action in accordance with law, including stopping the programme forthwith.
9. With the above directions, the Writ Petition stands disposed of. No costs.
