Administrative authorities are directed to permit customary cultural or religious programs provided they do not violate public order, and they must prescribe reasonable conditions to manage safety and noise rather than imposing an outright prohibition.

ORDER

This Writ Petition has been filed by the petitioner praying to set aside the order passed by the third respondent dated 02.06.2026 made in No.06//2026, thereby rejecting permission to conduct cultural and devotional programmes in connection with the 20th Annual Theemithi Festival of Arulmigu Sri Kengaiyamman Temple, Kattur Village, Vellanur, Avadi Taluk, Tiruvallur District on 06-06-2026.

2. The petitioner is one of the organisers of the 20th Annual Theemithi Festival of Arulmigu Sri Kengaiyamman Temple, Kattur Village, Vellanur, Avadi Taluk, Tiruvallur District. The annual temple festival is a customary religious and cultural event celebrated by the villagers and devotees for several years. As part of the festival celebrations, cultural and devotional programmes were proposed to be conducted. Therefore, the petitioner submitted a representation dated 25.05.2026 before the respondents police seeking permission for conducting the cultural programmes. He also undertook to comply with all conditions imposed by the authorities. However, the respondents, by the impugned order, rejected the request solely on the ground of apprehended law and order problems. Against the said order, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner would submit that this Court repeatedly directs the police officials to grant permission to conduct Aadal padal programme and other related programmes with certain conditions. Therefore, he prayed to quash the impugned order and prayed to grant permission to conduct cultural and devotional programmes in connection with the 20th Annual Theemithi Festival of Arulmigu Sri Kengaiyamman Temple, Kattur Village, Vellanur, Avadi Taluk, Tiruvallur District on 06-06-2026

4. The learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondents submitted that if the petitioner is allowed to conduct Aadal padal programme, there will be a law and order problem. Therefore, this writ petition is liable to be dismissed.

5. Heard the learned counsel appearing on either side and perused the materials placed on record.

6. It is relevant to rely the order passed by the Division Bench of this Court dated 10.07.2018 made in W.P.(MD)No.14491 of 2018, where, this Court has held as follows:

“3. ....... In M.Velmurugan V. The Superintendent of Police, on 24.01.2018. In passing orders in W.P.(MD) No.13440 of 2017, dated 20.07.2017, this Court had observed as follows:-

“3.We may at the very outset note that the celebrations pertain to Arulmighu Sankaranarayana Swamy Temple, Sankarankovil. It is a very ancient and renowed Temple. It is under the control of the Hindu Religious and Charitable Endowments Department. It is beyond dispute that celebrations in such Temples are customary in nature. It is not as if the writ petitioner is seeking to introduce some new practice. What is being traditionally held and conducted has to be necessarily followed. Therefore, we have no hesitation in allowing the writ petition as prayed for”

It is also relevant to note the notification dated 10.08.2017 in S.O.2555(E) by the Ministry of Environment, Forest and Climate Change, wherein, it has been stated as follows:

“3.In the principal rules, in rule 5, for sub-rule (3), the following shall be substituted namely:-

(3)Notwithstanding anything contained in sub-rule(2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or durin