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2026 Supreme(Online)(Mad) 48391

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.Victoria Gowri, J
Kaliraj – Appellant
Versus
Superintendent of Police – Respondent
W.P.Crl.(MD)No.3023 of 2026 | W.M.P.Crl.(MD)No.738 & 739 of 2026



Advocates:
For the Appellants/Petitioners: D.S.Haroon Rasheed
For the Respondents: D.Rajaboopathy

The court maintains supervisory jurisdiction to allow cultural programs in temple festivities by balancing individual rights against public order, provided stringent conditions regarding decency, time, and communal harmony are strictly met.

Headnote:The petitioner filed a writ petition under Art. 226 of the Constitution of India challenging an order denying permission for a cultural program during a temple festival. The court examined the administrative instructions issued by the police authorities regarding the regulation of such events. The findings indicated that provided specific conditions are met to ensure public order and decency, permission could be granted. The issue addressed was whether the authorities' refusal to permit the cultural event was justified. The court determined that the event could proceed under strict regulatory conditions to prevent obscenity, communal disharmony, or public nuisance, noting that prior guidelines established by the police department must be adhered to for the grant of such permissions. The writ petition was allowed, permitting the conduct of the cultural program subject to stringent conditions, including time limitations, modesty requirements for performers, and maintenance of public order.

Table of Content
1. legal necessity of internal police guidelines in adjudicating permission for cultural events. (Para 1 , 2)
2. imposing regulatory safeguards as a condition precedent for granting permissions to conduct religious or cultural festivals. (Para 3)

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order issued by the 2nd respondent vide his Proceedings in Na.Ka.No.4/Melur PS/2026, dated 06.06.2026 and quash the same as illegal and consequently directing the 2nd respondent to grant permission to conduct Aadal Paadal programme during the temple festival of Arulmigu Sri Kaliyamman Vaikasi Festival situated at V.Manickkampatti, Melur Taluk, Madurai, on 09.06.2026 and 10.06.2026 within the time stipulated by this Court.

For Petitioner : Mr.D.S.Haroon Rasheed

For Respondents : Mr.D.Rajaboopathy

Counsel for State of TN

ORDER

This petition has been filed challenging the Impugned Order issued by the 2nd respondent vide his Proceedings in Na.Ka.No.4/Melur PS/2026, dated 06.06.2026 and consequently directing the 2nd respondent to grant permission to conduct Aadal Paadal programme during the temple festival of Arulmigu Sri Kaliyamman Vaikasi Festival situated at V.Manickkampatti, Melur Taluk, Madurai, on 09.06.2026 and 10.06.2026 within the time stipulated by this Court.

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 06.06.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:-

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

(a) 10.06.2026 from 07.00 p.m., to 10.00 p.m., in Arulmigu Sri Kaliyamman Vaikasi Festival situated at V.Manickkampatti, Melur Taluk, Madurai.

(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

(i) 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 untoward incident takes place, the organizers of the programme be made responsible for the same;

(m) the organizers shall have to obtain all other required permission from the authorities concerned;

(n) Any other conditions

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