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Madras High CourtWP Crl.(MD)/2868/2026allowed

Mariappan v. The State Of Tamilnadu

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.2868 of 2026 and W.M.P.crl.(MD).No.700 of 2026 Mariappan

...Petitioner

Vs.

1. The State of Tamilnadu, Rep by its the Deputy Superintendent of Police, Sattur Division, Virudhunagar District.

2. State Of Tamilnadu Rep By Inspector Of Police, Appayanaickenpatti Police Station, 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 in his proceedings in Na.Ka.No.12/Kaa.Aa.a.Na.Pa./2026 dated 21.05.2026 and quash the same as illegal, consequently, directing the respondents to grant permission and necessary protection to conduct the ''Adal Padal'' Programme on 30.05.2026 at 06.00p.m. to 11.00p.m. and customary temple festival function in connection with Arulmigu Sri Kaliyamman Kovil, Veerarpatti Village, Appaiyanayakkanpatti, Virudhunagar District and to pass such further or other orders.

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For Petitioner : Mr.S.Bharathi 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 21.05.2026, whereby the request of the writ petitioner for conducting the Aadal Paadal program on 30.05.2026 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 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 30.05.2026.

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4. The learned Government Advocate appearing for the respondents would submit that they may be permitted to conduct the Adal Padal 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 21.05.2026 passed by the second respondent is set aside.

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. 3/6

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 Kaliyamman Kovil, Veerarpatti Village, Appaiyanayakkanpatti, Virudhunagar District between 06.00 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;

(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. and 10.00 p.m.;

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(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. Consequently, connected miscellaneous petition is closed. No costs. 27.05.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gvn To:-

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

2. The Inspector Of Police, Appayanaickenpatti Police Station, Virudhunagar District.

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

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K.MURALI SHANKAR, J gvn Order made in W.P.crl.(MD)No.2868 of 2026 Dated : 27.05.2026 6/6