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Madras High CourtWP Crl.(MD)/2861/2026allowed

P.Guru v. The Commissioner 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.2861 of 2026 P.Guru

...Petitioner

Vs.

1. The Commissioner of Police Office of the Commissioner of Police Madurai City Madurai District.

2. The Assistant Commissioner of Police Office of the Assistant Commissioner of Police South Gate Region Madurai City Madurai District.

3. The Inspector of Police B7 Chintamani Police Station Madurai City Madurai 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 proceedings of the 2nd respondent in Na.Ka.No. 27/Kaa.O.Aa/South Gate Police Circle / 2026 dated 19.05.2026 and quash the same insofar as it relates to the rejection of permission for conducting the ''Adal Padal'' cultural programme, and consequently direct the respondents to grant permisson to the petitioner to conduct the ''Adal Padal'' cultural 1/6

programme on 29.05.2026 at about 07.00p.m. in connection with the temple festival of Arulmighu Selvamariyamman Temple situated at Gajendrapuram, Chinthamani, Madurai District, with sound and lighting arrangement and with adequate police protection, subjec to any reasonable conditions that may be imposed by this Court.

For Petitioner : Mr.V.Uthaya Kumar For Respondents : Mr.S.Siva Subramaniyan 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 19.05.2026, whereby the request of the writ petitioner for conducting the Aadal Paadal program on 29.05.2026 has been rejected.

2. On perusal of the impugned order, it is seen that the rejection has been made on the ground that there is a likelihood of a large crowd gathering and a consequent law and order problem if the aforesaid Aadal Paadal programme is conducted.

3. The learned counsel appearing for the writ petitioner would submit that similar functions had been conducted in the previous years without any 2/6

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. It is further submitted that the writ petitioner seeks permission to conduct the festival and "Aadal Paadal" programme on 29.05.2026 at about 07.00p.m.

4. The learned Government Advocate appearing for the respondents would submit that they may be permitted to conduct the Adal Padal programme on 29.05.2026 from 07.00 p.m. to 10.00p.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 19.05.2026 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 29.05.2026 at Arulmighu Selvamariyamman Temple situated at Gajendrapuram, Chinthamani, Madurai District between 07.00 p.m. and 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 07.00 p.m. and 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 disposed of. 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 Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai District.

2. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, South Gate Region, Madurai City, Madurai District.

3. The Inspector of Police, B7 Chintamani Police Station, Madurai City, Madurai District.

Order made in W.P.(MD)No.2861 of 2026 Dated : 27.05.2026 6/6