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Judgment
This writ petition has been filed in the nature of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent dated.23.08.2026 and quash the same and consequently directing the 2nd respondent to give permission to the petitioner to organize dance program (Madurai Kulunga Kulunga) on 06.09.2026 from 06.00 pm., to 11.00 pm at Arulmigu Sri Muniyandi Sri Mariyamman Temple.
The learned counsel for the petitioner submitted that the petitioner had submitted the representation to the police without retaining a copy thereof and at the time of preferring the representation, the petitioner was not in a position to furnish a copy of the same to the learned Counsel for the petitioner. The representation submitted by the petitioner was considered by the second respondent and was ultimately rejected by the impugned order for the following reasons:
(i)The proposed venue, namely, Muniyandi kovil
second street, consists of a large number of houses and the street is narrow. Therefore, there would be difficulty in arranging the stage and conducting the festival.
(ii)The temporary stage may not be sufficiently
strong to accommodate a large number of persons, and there is a possibility of an accident.
(iii)There are several shops situated at the proposed place.
Apart from the above reasons, the impugned order does not refer to any law and order problem, communal tension, or any objection regarding the songs proposed to be played by the petitioner. Further, there is no rival group in the locality opposing the petitioner's request to conduct the Adal Padal programme. The said order is under challenge before this Court.
At the time of the earlier hearing, the original impugned order was not available. Therefore, the learned Counsel for the petitioner was directed to produce the impugned order, if available. Today, the impugned order has been produced by the learned Counsel and the same is taken on record.
The learned Counsel for the petitioner submitted that, since the temple festival is scheduled to be held on 06.09.2026, it is customary in the village to conduct a dance programme, namely, the Adal Padal programme, and therefore, permission may be granted by setting aside the impugned order. It was further submitted that, on earlier occasions also, pursuant to the directions of this Court, the police had granted permission to conduct the Adal Padal programme, and a copy of the said order is annexed to the typed set of papers in W.P.(MD) No. 24743 of 2023, dated 12.10.2025.
The learned Government Advocate submitted that the place where the Aadal Padal programme is to be conducted is a congested area and narrow street and hence, the police rejected the petitioner’s request for permission. However, the learned Government Advocate submitted that permission may be granted subject to stringent conditions.
Taking into consideration the fact that the petitioner had earlier conducted the programme at the same place, the reason assigned by the police is not acceptable. Therefore, this Writ Petition is disposed of and the impugned order passed by the second respondent is hereby set aside, with a direction to the respondent police to permit the petitioner to conduct the Adal Padal programme during the temple festival scheduled to be held on 06.09.2026, subject to the condition that:
The petitioner is permitted to conduct cultural program “Adal Padal” on 06.09.2026 from 07.00 p.m., to 09.30 p.m, in connection with festival of at Arulmigu Sri Muniyandi Sri Mariyamman Temple..
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;
The program shall not extend beyond 09.30 p.m.;
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;
There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants;
The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played so as to spoil the minds of students and youths;
There shall be no supply of alcohol or any intoxicating material by participants or audience in and around the area where cultural program is scheduled to be held;
No donations or prizes in the name of political parties;
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.
No slogans or speeches supporting or opposing any political party or party leader, any caste, community or creed;
No political symbols or banners supporting political parties or communal leaders;
Songs praising communal leader or having communal overtones should not be played
Organizers shall not erect any digital banners/placards on either side of the arterial roads, platforms, walkways/major roads and any other roads;
No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme;
The function should not affect caste, religious or communal harmony and shall be conducted without any discrimination;
The attire of the dancers performing in the said programme should be modest and should 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.
It is made clear that the actors / actresses of the Adal Padal program should wear proper Dress as follows:
Dress code:
For men : Dhoti or Pyjamas with upper cloth;
For women : Sarees or half saree, chudithars with upper cloth
For children : Any fully covered dress;
The entire programme shall be videographed by the programme organizers and the same shall be furnished to the respondent police. If any deviation is noticed, the respondent police is directed to register a case as against the programme organizers and the artists of the Adal Padal programme.
The Police is empowered to stop the programme, if it exceeds beyond the permitted time;
The organizers shall ensure that no untoward incidents is caused disturbing the public peace and tranquility.
If any untoward incident takes place, the organizers of the programme be made responsible for the same;
The organizers shall have to obtain all other required permission from the authorities concerned;
The respondent police are directed to provide police protection without cost;
If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith and bring the same to the notice of this Court.
Any other conditions as the authority concerned considers necessary to impose according to the ground reality.
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.