Karuthakkannan v. The Election Officer 201- Cumbum

ORDER This petition has been filed challenging the rejection order in Na.Ka.No. 300/2026/A2-(27) dated 23.03.2026 passed by the 1st respondent in respect of rejecting Adal Padal and consequently to direct the respondents to grant permission and protection for conducting Adal Padal program scheduled to be held on 08.04.2026 at 06.00 p.m., to 10.00 p.m., in connection with "Thiruvizha" at Arulmigu Shri Mahakaliamman Thirukovil at Gokilpapuram Village, Uthamapalayam Taluk, Theni District.

¶2It is brought to the notice of this Court that the Director General of Police, Tamil Nadu issued two circulars bearing Rc.No.159539/Crime. 4(3)/2018, signed on 31.10.2018 and Rc.007301/GenlI(1)/2019, dated

09.04.2019, wherein instructions have been given to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme.

¶3In view of the above, the impugned order dated 23.03.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:-

(a) The petitioner is permitted to conduct Adal Padal program on

08.04.2026 in connection with the temple festival of Arulmigu Shri Mahakaliamman Thirukovil at Gokilpapuram Village, Uthamapalayam Taluk,

(b) 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;

(c) The program shall not extend beyond 10 p.m.;

(d) 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;

(e) The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played;

(f) There shall be no supply of alcohol or any intoxicating material in and around the area where cultural program is scheduled to be held;

(g) 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.

(h) Organizers shall not erect any digital banners/placards on either side of the arterial roads, platforms, walkways/major roads and any other roads;

(i) the function should not affect caste, religious or communal harmony and shall be conducted without any discrimination;

(j) the Police is empowered to stop the programme, if it exceeds beyond the permitted time;

(k) if any untoward incident takes place, the organizers of the programme be made responsible for the same;

(l) the organizers shall have to obtain all other required permission from the authorities concerned;

(m) Any other conditions as the authority concerned consider 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. Consequently, connected miscellaneous petition is closed.

06.04.2026 NCC : Yes / No Index : Yes / No sm Note: Issue order copy on 07.04.2026. TO:-

¶1The Election Officer 201-Cumbum, Member of Legislative Assembly and the Revenue Divisional Officer, Uthamapalayam Taluk, Theni District.

¶2The Inspector of Police, Uthamapalayam Police Station,

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

L.VICTORIA GOWRI, J. Sm Dated

06.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI & W.M.P.Crl.(MD)No.460 of 2026 Karuthakkannan ... Petitioner Vs. 1. The Election Officer 201- Cumbum, Member of Legislative Assembly and the Revenue Divisional Officer, Uthamapalayam Taluk, Theni District. 2. The Inspector of Police, Uthamapalayam Police Station, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the rejection order in Na.Ka.No.300/2026/A2-(27) dated 23.03.2026 passed by the 1st respondent and quash the same in respect of rejecting Adal Padal and consequently direct the respondents to grant permission and protection for conducting Adal Padal program scheduled to be held on 08.04.2026 at 06.00 p.m., to 10.00 p.m., in connection with "Thiruvizha" at Arulmigu Shri Mahakaliamman Thirukovil at Gokilpapuram Village, Uthamapalayam Taluk, For Petitioner : Mr.V.Manikandan For Respondents : Mr.M.Sakthi Kumar (R2) Government Advocate (Crl.) Mr.M.Muthumanikkam (R1) Government Advocate (Civil)