WP CRL.(MD)/5286/2026 of P.Muthudaiyar Vs The State of Tamilnadu, rep on 17 September 2026

O R D E R

Heard both sides.

2. Mr. D. Rajaboopathy, learned Government Advocate (Criminal Side) takes notice for the respondents.

3. This writ petition has been filed challenging the rejection order passed by the 2nd respondent dated 14.09.2026, seeking a writ of Certiorarified Mandamus to quash the same and consequently, to direct the 2nd respondent to grant permission and provide adequate police protection for conducting the temple festival, Ennisai Pattu Kachari.

4. The 2nd respondent rejected the request of the petitioner by the impugned order dated 14.09.2026. The reason assigned by the 2nd respondent is that there are two rival parties in the subject village, and there may be a law and order problem. However, nothing further has been stated in the rejection order in support of the said reason.

5. The learned counsel for the petitioner, who being a young lawyer, submitted that the police did not even enquire with the petitioner. He further submitted that the alleged existence of a rival party is unknown even to the petitioner and that there is no basis for such a conclusion.

6. On instructions, the learned Government Advocate (Criminal Side) submitted that the police only gathered information through phone from the subject police station and had made oral enquiries. Based on such information, the request was rejected on the ground, that there was a rival party. However, no supporting material has been produced, nor they have the names of the persons who were allegedly enquired by the police in this said village.

7. Further, law and order problem cannot be a reason for rejection of permission, and it should be supported by materials, saying that there was a previous incident, registration of any case, or any untoward incident that had taken place in the past. In the present case, no such material is found. Therefore, the impugned order is liable to be set aside, wherein it does not contain sufficient reasons for rejecting the petitioner's request.

8. The learned counsel for the petitioner relied upon the previous orders of this court in T. Gandhi Vs. The Superintendent of Police, Thoothukudi District, and another, in WP.(MD).No.10692 of 2019 dated 27.04.2019. In the said case, under similar circumstances, this court granted permission to conduct the Ennisai Pattu Kachari. Paragraph 6 of the order, reproduced below:- “6. Considering the facts and circumstances of the case, this Court grants permission to conduct Musical Programe, Kalai Nigaltchi and Bakthi Padalgal by disciplined Young artists with full cover dress code on 11.05.2019 and the Writ Petition is disposed of with the following directions: The second respondent / Inspector of Police, Eral Police Station, Thoothukudi District, is directed to consider the representation of the petitioner, dated 23.04.2019 and to give permission and to provide police protection for conducting cultural programme namely, Musical Programe, Kalai Nigaltchi and Bakthi Padalgal scheduled to be held on 11.05.2019, subject to the following conditions:- (a) Musical Programe, Kalai Nigaltchi and Bakthi Padalgal at the Chithirai Festival done in Sri Arulmigu Sabbani Madasamy Temple situated at Lakshmipuram, Eral Taluk, Thoothukudi, scheduled to be held on 11.05.2019, should be completed before 10.00 p.m.

(b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

(c) Double meaning songs should not be played as they will spoil the minds of students and youths.

(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.

(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(g) 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 (h) Similarly, the police is directed to stop the dance programme, if it is conducted beyond the permitted time limit.

(i) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions.”

9. Therefore, the learned counsel for the petitioner submitted that the petitioner is ready to abide by the aforesaid conditions and that similar conditions may be imposed in the present case. In addition to the above conditions, this court directs that the Ennisai Pattu Kachari as well as Shri Valli Thirumanam Nadagam shall be recorded in video, and the same shall be produced before this court to verify whether the petitioner follow the above conditions or not.

10. The police are also directed to provide adequate police protection as per the circular of the Director General of Police (DGP) prevailing at present and to watch the proceedings. If any obscene songs or caste-biased songs are attempted to be played, the same shall be prevented, and appropriate police action to be initiated against the organizer of the programme in accordance with law.

11. With the above direction, this writ petition is disposed of. For reporting compliance, post the matter on 23.09.2026. 17.09.2026 Index :Yes/No Internet :Yes/No NCC :Yes/No psm To

1. The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Parthibanur Police Station, Ramanathapuram District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR. P. MURUGAN, J.

psm

WP. CRL.(MD) No.5286 of 2026 17.09.2026