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2026 Supreme(Online)(Mad) 48702

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.Victoria Gowri, J
Ganesan – Appellant
Versus
State of Tamil Nadu – Respondent
W.P.Crl.(MD)No.2972 of 2026|W.P.M.P.Crl.(MD)No.729 of 2026



Advocates:
For the Appellants/Petitioners: K.Dinesh
For the Respondents: S.Arun Arockiasamy

The High Court may grant conditional permission for temple cultural programs, balancing the right to hold events with the state's duty to maintain public order, morality, and safety, provided organizers adhere to strict guidelines against obscenity, political agitation, or communal disharmony.

Headnote:The petitioner challenged an order denying permission for cultural and Adal Padal programs at a local temple. The case involved the interpretation of constitutional rights under Art. 226 of the Constitution of India in relation to police regulation of public cultural events. The court considered previous instructions issued by the State police authorities regarding the management of such cultural permissions. The court held that the request should be granted subject to strict regulatory conditions to ensure public order and decency. The core issue was whether the police rejection of the cultural program was sustainable. The court relied on the necessity of balancing the right to conduct religious festivities with the need for public safety, religious harmony, and the prevention of obscenity. It was reasoned that while cultural expression is permitted, it must adhere to strict behavioral and safety standards to protect the community’s welfare and maintenance of peace.

Result: The writ petition is allowed subject to the specified conditions governing the conduct of the cultural program.

Table of Content
1. requesting judicial review of administrative denial of festival permission. (Para 1)
2. adherence to established departmental guidelines for public cultural events. (Para 2)
3. granting permission subject to restrictive conditions for public order. (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 passed by the respondent No.3 dated 31.05.2026 and the quash the same as illegal and consequently direct the respondent to grant permission to conduct cultural programs along with Adal Padal program which will be held on 11.06.2026 and 12.06.2026 at about 07.00 p.m to 11.00 p.m at Arulmigu Sri Kaliamman & Durgai Amman Kovil at Vijayakarisalkulam, Virudhunagar District and to give necessary police protection.

For Petitioner : Mr.K.Dinesh

For Respondents : Mr.S.Arun Arockiasamy

Counsel for State of TN(Crl.side)

ORDER

Challenging the order passed by the 3rd respondent dated 31.05.2026 and consequently direct the respondent to grant permission to conduct cultural programs along with Adal Padal program which will be held on 11.06.2026 and 12.06.2026 at about 07.00 p.m to 11.00 p.m at Arulmigu Sri Kaliamman & Durgai Amman Kovil at Vijayakarisalkulam, Virudhunagar District and to give necessary police protection, this writ petition is filed.

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 31.05.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:-

(a) The petitioner is permitted to conduct Adal Padal program on 12.06.2026 from 07.00 p.m., to 10.00 p.m., in Arulmigu Sri Kaliamman & Durgai Amman Kovil at Vijayakarisalkulam, Virudhunagar 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 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 as the authority concerne

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