Citation : 2026 Latest Caselaw 1796 Mad
Judgement Date : 10 April, 2026
W.P.Crl.(MD)No.2042 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.04.2026
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.Crl.(MD)No.2042 of 2026
K.Palanichamy ... Petitioner
Vs.
1. The Deputy Superintendent Of Police,
Deputy Superintendent of Police Office,
Periyakulam, Theni District.
2. The Inspector of Police,
Thenkarai Police Station,
Periyakulam,
Theni District. ... Respondents
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 proceedings in Na.Ka.No.50/Ka.Thu.Ka./Periyakulam/2026
dated 02.04.2026 passed by the 1st respondent and quash the same as illegal as
far as the denial of permission for conducing Nadagam, Pattimandram,
Voyilattam, Karakattam and cultural program Nattiyam with songs on
14.04.2026 at about 06.00 p.m., in the eve of Palkuda celebration for Arulmigu
Sri Kailasanathar Temple, Kailasapatti, Periyakulam Taluk, Theni District and
consequently direct the respondents to give a permission for conducting the
cultural program on 14.04.2026 at 6.00 p.m., in the eve of Palkuda celebration
1/6
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W.P.Crl.(MD)No.2042 of 2026
for Arulmigu Sri Kailasanathar Temple, Kailasapatti, based on the petitioner's
representation dated 01.04.2026.
For Petitioner : Mr.D.Muruganantham
For Respondents : Mr.S.Ravi
Additional Public Prosecutor
ORDER
This petition has been filed challenging the rejection order in Na.Ka.No.
50/Ka.Thu.Ka./Periyakulam/2026 dated 02.04.2026 passed by the 1st
respondent, as far as the denial of permission for conducing Nadagam,
Pattimandram, Voyilattam, Karakattam and cultural program Nattiyam with
songs on 14.04.2026 at about 06.00 p.m., in the eve of Palkuda celebration for
Arulmigu Sri Kailasanathar Temple, Kailasapatti, Periyakulam Taluk, Theni
District and consequently direct the respondents to give a permission for
conducting the cultural program on 14.04.2026 at 6.00 p.m., in the eve of
Palkuda celebration for Arulmigu Sri Kailasanathar Temple, Kailasapatti, based
on the petitioner's representation dated 01.04.2026.
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
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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 02.04.2026 is hereby
quashed. This Writ Petition is allowed on the following conditions:-
(a) The petitioner is permitted to conduct Nadagam, Pattimandram,
Voyilattam, Karakattam and cultural program on 14.04.2026 from 07.00 p.m.,
to 10.00 p.m., in the eve of Palkuda celebration for Arulmigu Sri Kailasanathar
Temple, Kailasapatti, Periyakulam 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
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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.
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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.
10.04.2026
NCC : Yes / No
Index : Yes / No
sm
Note: Issue order copy on 10.04.2026.
TO:-
1. The Deputy Superintendent Of Police,
Deputy Superintendent of Police Office,
Periyakulam, Theni District.
2. The Inspector of Police,
Thenkarai Police Station,
Periyakulam,
Theni District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
Sm
Order made in
Dated
10.04.2026
https://www.mhc.tn.gov.in/judis
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