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2026 Supreme(Online)(Mad) 45600

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Victoria Gowri, J
Maheshkumar – Appellant
Versus
State of Tamil Nadu – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: M.Pandian
For the Respondents: Arun Arockiasamy

The court possesses the authority under Article 226 to direct police authorities to consider and grant permission for cultural events, provided they adhere to strictly defined conditions regarding public order, modesty, and communal harmony.

Headnote:The present writ petition was filed under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the respondents to grant permission and provide police protection for a cultural event during a temple festival. The court observed that relevant circulars issued by the police department govern the consideration of such applications for conducting cultural programmes. The central issue pertains to the discretionary power of police to grant permission for cultural events while ensuring public order, decency, and communal harmony. The court reasoned that while allowing cultural expression, it is imperative to impose strict conditions regarding the nature of performances, timing, and public conduct to ensure the programme remains consistent with the sanctity of the temple and avoids public nuisance. The writ petition is allowed subject to stipulated conditions.

Table of Content
1. request for judicial intervention to compel police authorities to permit cultural events at a temple festival. (Para 1)
2. reliance on established police departmental circulars for processing permission requests. (Para 2)
3. court grants conditional permission for cultural programmes to maintain public order and sanctity. (Para 3)

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Maheshkumar ... Petitioner Vs.

1.The State of Tamil Nadu, Rep.by the Deputy Superintendent of Police, Vilathikulam Sub Division, Vilathikulam, Thoothukudi District.

2.The Inspector of Police, Sankaralingapuram Police Station, Thoothukudi District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to grant permission and provide adequate police protection for conducting a Cultural Adal Padal Programme in connection with the Arulmigu Sri Kaliamman and Sri Puthamman Temple festival at Nagalapuram Village, Thoothukudi district, scheduled on 04.06.2026 between 07.00 p.m., and 11.00 p.m., based on the petitioner's representation dated 16.05.2026 submitted before the 2nd respondent in person and the subsequent representation dated 01.06.2026.

For Petitioner : Mr.M.Pandian For Respondents : Mr.Arun Arockiasamy Government Advocate (crl.side)

ORDER

This petition has been filed seeking a direction to the respondents to grant permission and provide adequate police protection for conducting a Cultural Adal Padal Programme in connection with the Arulmigu Sri Kaliamman and Sri Puthamman Temple festival at Nagalapuram Village, Thoothukudi district, scheduled on 04.06.2026 between 07.00 p.m., and 11.00 p.m., based on the petitioner's representation dated 16.05.2026 submitted before the 2nd respondent in person and the subsequent representation dated

01.06.2026.

2. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu issued two circulars bearing Rc.No.159539/Crime. 4(3)/2018, signed on 31.10.2018 and Rc.007301/GenlI(1)/2019, dated 09.04.2019, wherein instructions have been given to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme.

3. In view of the above, this Writ Petition is allowed on the following conditions:-

(a) The petitioner is permitted to conduct Adal Padal program on

04.06.2026 from 07.00 p.m., to 10.00 p.m., in Arulmigu Sri Kaliamman and Sri Puthamman Temple festival at Nagalapuram Village, Thoothukudi District.

(b) The organisers, who shall be the responsible members of the festival committee, shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted;

(c) The program shall not extend beyond 10 p.m.;

(d) No women participating in the cultural program would be depicted or portrayed in an obscene or undignified manner either in the form of clothing or otherwise;

(e) The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played;

(f) There shall be no supply of alcohol or any intoxicating material in and around the area where cultural program is scheduled to be held;

(g) None of the songs or dances performed in the said programme shall exhibit any political tone, tenor, or colour, nor shall they relate to or promote any religion, community, or caste.

(h) Organizers shall not erect any digital banners/placards on either side of the arterial roads, platforms, walkways/major roads and any other roads;

(i) the function should not affect caste, religious or communal harmony and shall be conducted without any discrimination;

(j) The attire of the dancers performing in the said programme should be modest and does not involve exposure of the midriff, thighs, legs or chest. Any violation of this condition shall result in legal action, including the arrest of the org

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