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2026 Supreme(Online)(Mad) 49216

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Victoria Gowri, J
Raja – Appellant
Versus
Deputy Superintendent of Police – Respondent
W.P.Crl.(MD)No.3115 of 2026|W.M.P(MD)No.764 of 2026



Advocates:
For the Appellants/Petitioners: P.Ponraj
For the Respondents: D.Rajaboopathy

The High Court holds the authority under Article 226 of the Constitution to grant permission for cultural programs, provided they adhere to strict regulatory conditions to ensure public order, morality, and communal harmony.

Headnote:The petitioner sought to challenge a police order rejecting permission for a cultural event (Adal Padal) at a temple festival. The petition was filed under Article 226 of the Constitution of India. The court observed that guidelines exist within departmental circulars issued by the state police authorities to regulate such applications. The court considered whether the categorical rejection was justified in light of existing administrative guidelines. The ratio decidendi emphasizes that while permission for cultural events may be granted, it must be subject to stringent regulations to ensure public order, decency, and religious harmony. The court reasoned that regulatory conditions are a prerequisite for granting permission to prevent obscenity or public nuisance. The Writ Petition was allowed, and the impugned order was quashed, subject to compliance with fourteen specific conditions regarding time limits, content, and conduct.

Table of Content
1. petitioner challenges administrative order denying permission for cultural event. (Para 1)
2. reliance on standing police circulars for cultural event permission. (Para 2)
3. granting permission subject to strict regulatory conditions and public order compliance. (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 relating to the impugned order passed by the 2nd respondent in Na.Ka.No. 07/ Fsj;J}u; fh.ep / J}b /2026 dated 01.06.2026 and quash the same as illegal and consequently direct the 2nd respondent to grant permission to conduct Adal Padal on 21.06.2026 and other programme at Sri Akkaraiseemai Pathinettampadi Karuppasamy at Vaippar Village, Vilathikulam Taluk, Thoothukudi District within a stipulated time that may be fixed by this Court.

ORDER

This petition has been filed challenging the rejection order passed by the 2nd respondent, dated 01.06.2026 with a consequential direction to the 2nd respondent to grant permission to conduct Adal Padal on 21.06.2026 and other programme at Sri Akkaraiseemai Pathinettampadi Karuppasamy at Vaippar Village, Vilathikulam Taluk, Thoothukudi 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 01.06.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:-

(a) The petitioner is permitted to conduct Adal Padal program on 21.06.2026 from 07.00 p.m., to 10.00 p.m., in Sri Akkaraiseemai Pathinettampadi Karuppasamy at Vaippar Village, Vilathikulam Taluk, 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 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 concerned consider to impose according to the ground reality.

In case of violation of any conditions, it is open to the authorities to initiate such action as is r

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