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2026 Supreme(Online)(Mad) 45687

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



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

The High Court may grant permission for cultural programs during temple festivals under Article 226, provided strict regulatory conditions regarding decency, public order, and time limits are imposed to prevent communal, religious, or political disturbances.

Headnote:The petitioner filed a writ petition under Art. 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 program during a temple festival. The court, considering the request and administrative guidelines for such events, found that permission could be granted subject to specific regulatory conditions to ensure public order and decency. The main issue is whether the court should compel administrative authorities to permit and protect a cultural event. The ratio decidendi emphasizes that while cultural programs are permissible, they must be strictly regulated to prevent obscenity, maintain religious harmony, avoid political overtones, and operate within prescribed time limits to ensure no breach of public peace or morality. The writ petition is disposed of with specific guidelines and conditions for the organizers to follow during the conduct of the cultural program.

Table of Content
1. petition for police protection and permission for temple festival cultural programs. (Para 1)
2. reliance on departmental circulars for processing cultural event permissions. (Para 2)
3. court grants conditional permission to ensure public order and decorum. (Para 3)

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Manickam ... 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, Vilathikulam 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 Temple Festival at A. Kandasamipuram 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 respondents in person and subsequent representation dated 01.06.2026.

For Petitioner : Mr.M.Pandian For Respondents : Mr.D.Rajaboopathy Counsel for State of TN

ORDER

This petition has been filed seeing for 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 Temple Festival at A. Kandasamipuram 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 respondents in person and 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 disposed on the following conditions:-

(a) The petitioner is permitted to conduct cultural program on 04.06.2026 from 07.00 p.m., to 10.00 p.m., in connection with the temple festival of Arulmigu Sri Kaliamman Temple Festival at A. Kandasamipuram 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 organisers and all members of the temple committee.

(k) the Police is empowered to

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