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2026 Supreme(Online)(Mad) 45680

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Victoria Gowri, J
Elangovan – Appellant
Versus
Superintendent of Police – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: M.Raghumankhan
For the Respondents: D.Rajaboopathy

Permission for cultural programs in public spaces may be granted by the police provided the organizers adhere to strict conditions regarding decency, public order, and the non-propagation of communal or political disharmony.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India challenging the respondent's order refusing permission to conduct a cultural program at a religious temple festival. The court examined the administrative instructions issued by the state police regarding cultural performances and found the refusal to be unsustainable. The court held that the festival organizers should be granted permission subject to strict compliance with safety, decency, and public order standards. The main issue was whether the absolute refusal to grant permission for a cultural performance was justifiable. The court determined that freedom to conduct cultural events is subject to reasonable restrictions to ensure public harmony and decorum. It reasoned that provided strict conditions are met—including prohibitions on obscenity, political tones, and religious disharmony—there is no impediment to the exercise of the right to organize such festivities. The writ petition is allowed subject to the specified conditions, and the impugned order is quashed.

Table of Content
1. petition for judicial review of administrative denial for cultural event permission. (Para 1)
2. court grants permission with strict regulatory conditions to ensure public order. (Para 2 , 3)

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Elangovan ... Petitioner Vs.

1. The Superintendent of Police, Madurai District, Madurai.

2. The Deputy Superintendent Of Police, Samayanallur Sub Division, Madurai District.

3. The Inspector of Police, Vadipatti Police Station, Madurai District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari Mandamus, call for the records pertaining to the impugned order passed by the 3rd respondent in Na.Ka.No.06/Se.Mu.Aa/2026 dated 28.05.2026 and quash the same, consequently directing the 2nd respondent to grant permission and provide adequate police protection to conduct the Adal Padal cultural program on 04.06.2026 from 07.00 p.m., to 10.00 p.m., at Sri Bhagavathi Amman Temple Festival in Chockalingapuram, Poochampatti, Vadipatti Taluk, Madurai District.

For Petitioner : Mr.M.Raghumankhan For Respondents : Mr.D.Rajaboopathy Counsel for State of TN (Crl.Side)

ORDER

This petition has been filed challenging the impugned order passed by the 3rd respondent in Na.Ka.No.06/Se.Mu.Aa/2026 dated 28.05.2026 and quash the same, consequently directing the 2nd respondent to grant permission and provide adequate police protection to conduct the Adal Padal cultural program on 04.06.2026 from 07.00 p.m., to 10.00 p.m., at Sri Bhagavathi Amman Temple Festival in Chockalingapuram, Poochampatti, Vadipatti Taluk, Madurai District.

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, the impugned order dated 28.05.2026 is hereby quashed. 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 Sri Bhagavathi Amman Temple Festival in Chockalingapuram, Poochampatti, Vadipatti Taluk, Madurai 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 organisers and all members of the temple committee.

(k) the Police is empowered to stop the programme, if it exceeds beyond the permitted time;

(l) if any unt

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