Madras High Court

WP CRL.(MD)/5885/2026 of K.Venkatesan Vs The State of Tamilnadu on 29 October 2026

WP Crl.(MD) No. 5885 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 29-10-2026

CORAM

THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI

WP Crl.(MD) No. 5885 of 2026

CNR:{HCMD011548142026}

K.Venkatesan

S/o. Kannappa Gounder,

Kullappagoundanpatti,

Uthamapalayam Taluk,

Theni District.

..Petitioner(s)

Vs

1. The State of Tamilnadu

Re. by The Superintendent of Police,

Theni District,

Theni.

2. The Deputy Superintendent of Police,

Uthamapalayam,

Theni District.

3. The Inspector of Police

Gudalur Police Station,

Theni District.

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned rejection order passed by the 3rd Respondent police in his proceedings in Na.Ka.No. 17/Gudalur South Police Station/2026 dated 23.10.2026 and quash the same as illegal and consequently direct the third respondent police to give permission and adequate police protection for conducting the Adal Padal program to be conducted at Arulmigu Muthalamman and Manthaiyamman Temple

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WP Crl.(MD) No. 5885 of 2026

on 05.11.2026 at Kullappagoundanpatti Village, Uthamapalayam Taluk Theni District.

For Petitioner(s)

:M/s P.Aju Tagore

For Respondent(s)

: Mr.D.Rajaboopathy

Govt. Advocate (Crl. Side)

ORDER

This petition has been filed challenging the rejection order passed by the 3rd respondent in Na.Ka.No. 17/Gudalur South Police Station/2026 dated 23.10.2026 with a consequential direction to the third respondent police to give permission and adequate police protection for conducting the Adal Padal program to be conducted at Arulmigu Muthalamman and Manthaiyamman Temple on 05.11.2026 at Kullappagoundanpatti Village, Uthamapalayam Taluk Theni 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.

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WP Crl.(MD) No. 5885 of 2026

3. In view of the above, the impugned order dated 23.10.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:- (a) The petitioner is permitted to conduct Adal Padal program on 05.11.2026 from 08.00 p.m., to 10.00 p.m., in Arulmigu Muthalamman and Manthaiyamman Temple on 05.11.2026 at Kullappagoundanpatti Village, Uthamapalayam Taluk Theni 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;

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WP Crl.(MD) No. 5885 of 2026

(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;

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WP Crl.(MD) No. 5885 of 2026

(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 required under law and the persons who are the organisers/committee members shall be held responsible. 29-10-2026 skn To

1. The Superintendent of Police Theni District Theni

2. The Deputy Superintendent of Police Uthamapalayam Theni District

3. The Inspector of Police Gudalur Police Station Theni District

4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

WP Crl.(MD) No. 5885 of 2026 K.GOVINDARAJAN THILAKAVADI, J. skn WP Crl.(MD) No. 5885 of 2026 29-10-2026

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