IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-06-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
WP Crl. No. 1287 of 2026
1. D.Raja @ Ilayaraja
2. S. Jeyamani
3. L. Seenivasan
4. A. Ramalingam
5. M. Govindaraj
6. A. Kathirvel
7. C. Rajendiran ..Petitioner(s)
Vs
1. The Superintendent of Police
Salem District,
Salem.
2. The Deputy Superintendent of Police
Attur,
Salem District.
3. The Inspector of Police
Rural Police Station,
Attur, Salem District. ..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioners dated 26-5-2026 and direct the respondents to provide police protection for the temple festival and Temple Car (Ther Thiruvizha) procession Viz. Arulmigu Sri Vinayagar, Sri Selva Karumariyamman, Sri Aiyanar, Sri Karuppaiah and Sri Ponniyamman Thirukovil situated at Sathasivapuram, Thalaivasal Taluk, Salem District from 21-6-2026 to 11-7-2026.
For Petitioner(s): Mr.V.Elangovan
For Respondent(s): Mr.R.Ganesh Kumar
Government Advocate (Criminal Side)
ORDER
This Writ Petition has been filed seeking permission to conduct cultural programme in the event of (Ther Thiruvizha) procession Viz. Arulmigu Sri Vinayagar, Sri Selva Karumariyamman, Sri Aiyanar, Sri Karuppaiah and Sri Ponniyamman Thirukovil situated at Sathasivapuram, Thalaivasal Taluk, Salem District from 21-6-2026 to 11-7-2026, the petitioners made a representation dated 26.05.2026 to the respondents. Since the same has not been considered, the present Writ Petition has been filed, however on the following conditions:-
(a) The cultural programme in connection with the event of (Ther Thiruvizha) procession Viz. Arulmigu Sri Vinayagar, Sri Selva Karumariyamman, Sri Aiyanar, Sri Karuppaiah and Sri Ponniyamman Thirukovil situated at Sathasivapuram, Thalaivasal Taluk, Salem District, shall be conducted from 21-6-2026 to 11-7-2026 between 06.00 p.m. and 11.00 p.m.
(b) The petitioners shall pay a sum of Rs.10,000/- per day in advance from 21.06.2026 to 11.07.2026, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further.
(c) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(d) Double meaning songs should not be played so as to spoil the minds of students and youths.
(e) No dance or songs, touching upon any political party or religion or community or caste shall be played.
(f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(h) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and
(i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.
(j) The respondent is directed to issue necessary permission, incorporating the above conditions.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.
3. The learned Government Advocate (Criminal Side) , on instructions, would submit that there is likelihood of arising law and order problem.
4. A mere apprehension cannot be a ground to reject the representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter, this petition is allowed and the petitioner is permitted to conduct cultural programme in the event of (Ther Thiruvizha) procession Viz. Arulmigu Sri Vinayagar, Sri Selva Karumariyamman, Sri Aiyanar, Sri Karuppaiah and Sri Ponniyamman Thirukovil situated at Sathasivapuram, Thalaivasal Taluk, Salem District from 21-6-2026 to 11-7-2026.
5. With the above directions, this Writ Petition stands allowed. The uploaded copy can be utilized for the purpose of execution of the Order.
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