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2026 Supreme(Online)(Mad) 43747
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Murali Shankar, J
Subbaiah – Appellant
Versus
State Of Tamil Nadu – Respondent
W.P.Crl.(MD) No.2887 of 2026|WMP.Crl.(MD)No.707 of 2026
For the Appellants/Petitioners: S. Bharathi
For the Respondents: S. Sivasubramanian
Permission to conduct cultural programs cannot be denied by police based on mere apprehension or presumption of law and order issues without concrete supporting material.
Headnote:The petitioner challenged an order rejecting permission to conduct a cultural program at a village temple on grounds of potential law and order disturbances. The court examined whether such rejection, based on apprehension rather than concrete evidence, was sustainable under Article 226 of the Constitution of India. The main issue was whether authorities can deny permission for cultural events based on vague apprehensions. The court reasoned that in the absence of material supporting claims of public disorder, and considering the availability of established guidelines from the Director General of Police, the rejection was unjustified. The court emphasized that fundamental rights to conduct cultural activities should not be curtailed without valid, substantiated reasons. The impugned order was set aside and the petition was disposed of with directions for the program to proceed subject to specific safety and conduct conditions.
| Table of Content |
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| 1. challenge to denial of permission for cultural event based on unsubstantiated apprehension. (Para 1 , 2 , 3) |
| 2. court intervention granting conditional permission for cultural programs aligning with established departmental guidelines. (Para 4 , 5 , 6 , 7 , 8 , 9) |
ORDER
The present Writ Petition has been filed seeking to quash the order passed by the second respondent herein on 21.05.2026, whereby the request of the writ petitioner for conducting the Aadal Paadal program on 02.06.2026 has been rejected.
2.On a perusal of the impugned order, it is seen that the rejection has been made on the ground that persons belonging to other communities are also residing in the locality concerned and, therefore, 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 02.06.2026.
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 02.06.2026 from 06.00 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, there shall be a direction to the respondent police to grant permission to the writ petitioner to conduct the “Aadal Padal” programme on 02.06.2026 at Arulmigu Sri Thamaraikaattu Ayyanar Kovil, A.Vadakkur Village, Thirupathur Taluk, Sivagangai District between 06.00 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 06.00 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.
Consequently, connected miscellaneous petition is closed. No costs.
