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Madras High CourtWP Crl.(MD)/2854/2026allowed

Ganesan v. The Deputy Superintendent Of Police

2026-05-27Honourable Mr Justice K.Murali Shankar6 pages

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.2854 of 2026 and W.M.P.Crl.(MD).No.697 of 2026 Ganesan

...Petitioner

Vs.

1. The Deputy Superintendent of Police Sattur, Virudhunagar District.

2. The Inspector of Police Sattur Town Police Station Sattur, Virudhunagar 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 pertaining to the impugned order passed by the 2nd respondent dated 22.05.2026 vide his proceedings in Na.Ka.No.164/MIKE/DIPS/STR/2025 quash the same and consequently direct the respondents to grant permission to conduct Aadal Paadal Programme during Vaikasi Thiruvizha scheduled to be held on 30.05.2026 at about 06.00p.m. to be conducted at the Arulmigu Sri Padhala Durgai Amman Temple, Melatheru, Padandhal Post, Sattur Taluk, Virudhunagar District and pass such further or other orders. 1/6

For Petitioner : Mr.S.Krishnan 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 22.05.2026, whereby the request of the writ petitioner for conducting the Aadal Paadal program on 30.05.2026 at about 06.00p.m. has been rejected.

2. On perusal of the impugned order, it is seen that the rejection has been made on the ground that a large number of people may gather in and around the locality, and that there is a possibility of a law and order problem.

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. According to the learned counsel, the impugned order is founded merely on apprehensions and presumptions, without any supporting materials. He would further submit that the petitioner is ready and willing to file an undertaking affidavit stating that no untoward incident will take place during the Aadal 2/6

Paadal programme and that the petitioner will take full responsibility. It is further submitted that the writ petitioner seeks permission to conduct the festival and "Aadal Paadal" programme on 30.05.2026 at about 06.00p.m. to 10.00pm.

4. The learned Government Advocate appearing for the respondents would submit that they may be permitted to conduct the Aadal Paadal programme on 30.05.2026 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 22.05.2026 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 on 30.05.2026 at Arulmigu Sri Padhala Durgai Amman Temple, Melatheru, Padandhal Post, Sattur Taluk, Virudhunagar District between 06.00 p.m to 10.00p.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. Consequently, the connected Miscellaneous Petition is closed. 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 Deputy Superintendent of Police Sattur, Virudhunagar District.

2. The Inspector of Police Sattur Town Police Station Sattur, Virudhunagar District.

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

Order made in W.P.crl(MD)No.2854 of 2026 Dated : 27.05.2026 6/6