N.Pathiban v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.05.2026

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.Crl.(MD) No.2852 of 2026 N.Pathiban

...Petitioner

Vs.

1. The Superintendent of Police, Thanjavur, Thanjavur District.

2. State Of Tamilnadu Rep By Inspector Of Police, Thanjavur Taluk Police Station, Thanjavur District.

... Respondents 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 relating to the proceedings of impugned order in Na.Ka.No. 37/Tha.Ka.Va.A/Thanjavur/2026 dated 08.05.2026 passed by the 2nd respondent in respect of Aadal Paadal Programme going to held on 01.06.2026 at 06.00p.m. To 10.00p.m in pursuance to teh temple festival namely ''Arulmigu Sri Pathalakaliamman, Sri Bala Vinayagar, Sri Ayyanar, Sri Kottai Muniyandavar, Sri Petchiamman and Sri Madurai Veeran Temple'' at Pottuvachavadi and quash the same and further directing respondents to grant protection and permission to conduct the ''Adal Padal Programme'' on 01.06.2026 at 06.00p.m. To 10.00p.m. in purusance to the temple festival 1/6

namely ''Arulmigu Sri Pathalakaliamman, Sri Bala Vinayagar, Sri Ayyanar, Sri Kottai Muniyandavar, Sri Petchiamman and Sri Madurai Veeran Temple'' at Pottuvachavadi, Thanjavur District and pass such further or other orders. For Petitioner : Mr.T.Eashwar For Respondents : Mr.S.Siva Subramanian Counsel for State of TN (crl.side)

ORDER

The present Writ Petition has been filed seeking to quash the order passed by the second respondent herein on 08.05.2026, whereby the request of the writ petitioner for conducting the Aadal Paadal program on 01.06.2026 at about 06.00p.m. to 10.00p.m. has been rejected.

2. On perusal of the impugned order, it is seen that the rejection has been made on the ground that the Aadal Paadal programme is aimed at destabilizing society by involving women in skimpy clothing, arousing the emotions of the youth, and creating a situation likely to lead to disturbances and cause trouble to the public.

3. The learned Counsel appearing for the writ petitioner would submit that similar functions had been conducted in the previous years without any untoward incident and that there was absolutely no law and order problem. 2/6

According to the learned counsel, the impugned order is founded merely on apprehensions and presumptions, without any supporting materials. It is further submitted that the writ petitioner seeks permission to conduct the festival and "Aadal Paadal" programme on 01.06.2026 at about 06.00p.m. To 10.00p.m.

4. The learned Government Advocate appearing for the respondents would submit that they may be permitted to conduct the Adal Padal programme on 01.06.2026 from 06.00 p.m. to 10.00 p.m. and the organizers may be directed to follow the conditions to be imposed.

5. At this juncture, the learned counsel appearing for the writ petitioner would submit that they will follow the directions to be imposed by the Court as well as the respondent police.

6. Considering the above facts and circumstances and in the absence of any concrete materials to substantiate the apprehension of law and order problem, the impugned order dated 08.05.2026 passed by the second respondent is set aside.

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7. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai, has issued a Circular Memorandum in Rc.No. 007301/Genl.I(1)/2019, dated 09.04.2019, prescribing guidelines and instructions to the Inspectors of Police throughout the State for consideration of applications seeking permission to conduct cultural programmes.

8. In view of the detailed circular and guidelines issued by the Director General of Police and taking note of the undertaking given on behalf of the writ petitioner that they would strictly abide by the conditions imposed by the authorities, there shall be a direction to the respondent police to grant permission to the writ petitioner to conduct the "Aadal Padal" programme from 01.06.206 at ''Arulmigu Sri Pathalakaliamman, Sri Bala Vinayagar, Sri Ayyanar, Sri Kottai Muniyandavar, Sri Petchiamman and Sri Madurai Veeran Temple'' situated at Pottuvachavadi between 06.00 p.m. to 10.00 p.m., subject to the following conditions, in addition to any other reasonable conditions that may be imposed by the respondent police:

(a) The programme shall be conducted in a peaceful and orderly manner without causing any disturbance to public peace and tranquility or giving rise to any law and order problem;

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(b) No obscene dance performance, vulgar dialogues or double meaning songs shall be played or performed during the programme;

(c) The cultural programme shall be conducted strictly between 06.00 p.m. to 10.00 p.m.;

(d) In the event of violation of any of the above conditions, the respondent police or any officer duly authorised by them shall be at liberty to take appropriate action in accordance with law, including stopping the programme forthwith.

9. With the above directions, the Writ Petition stands allowed. No costs. 27.05.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gvn 5/6

K.MURALI SHANKAR, J gvn To

1. The Superintendent of Police, Thanjavur, Thanjavur District.

2. The Inspector Of Police, Thanjavur Taluk Police Station, Thanjavur District.

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

Order made in W.P.(MD)No.2852 of 2026 Dated : 27.05.2026 6/6