Mariappan v. The Sub Collector/Election Officer

ORDER This petition has been filed challenging the rejection order passed by the first respondent, dated 27.03.2026 with a consequential direction to the first respondent to grant permission to conduct the said cultural programme in connection with "Arulmigu Sree Mariamman Temple" Festival Scheduled to be held from 03.04.2026 to 07.04.2026 (5 days) at M.Perumalpatti Village and T.Nadarkalpatti, M.Kallupatti, Mallapuram, Peraiyur Block, Usilampatti Taluk, Madurai District and further direct the fifth respondent to provide adequate police protection for peaceful and orderly conduct of the aforesaid festival.

¶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.

3.The learned Additional Public Prosecutor submitted that the petitioner sought permission to conduct Adal Padal programme on five days which is impermissible.

¶4In view of the above, the impugned order dated 27.03.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:-

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

06.04.2026 and Karakattam at the time of temple car on 03.04.2026 and

04.04.2026 from 07.00 p.m., to 10.00 p.m., in connection with festival of Arulmigu Sree Mariamman Temple situated at M.Perumalpatti Village and T.Nadarkalpatti, M.Kallupatti, Mallapuram, Peraiyur Block, Usilampatti Taluk, Madurai District.

(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 attire of the dancers performing in the said programme should be modest and does 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.

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

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

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

(n) 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. No costs.

02.04.2026 NCC : Yes / No Index : Yes / No Rmk Note: Issue order copy on 02.04.2026. TO:-

1.The Sub-Collector/Election Officer, 197, Usilampatti Legislative Constituency Usilampatti, Madurai District.

2.State of Tamil Nadu rep., by the Deputy Superintendent of Police, Usilampatti, Madurai District.

3.The Assistant Election Officer/Tahsildar, Peraiyur, Madurai District.

4.The Village Administrative Officer, O/o., the Village Administrative Office, M.Kallupatti, Madurai District.

5.The Inspector of Police, M.Kallupatti Police Station, M.Kallupatti, Madurai District.

¶6The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

L.VICTORIA GOWRI, J. Rmk Dated

02.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.Mariappan ... Petitioner Vs. 1.The Sub-Collector/Election Officer, 197, Usilampatti Legislative Constituency Usilampatti, Madurai District. 2.State of Tamil Nadu rep., by the Deputy Superintendent of Police, Usilampatti, Madurai District. 3.The Assistant Election Officer/Tahsildar, Peraiyur, Madurai District. 4.The Village Administrative Officer, O/o., the Village Administrative Office, M.Kallupatti, Madurai District. 5.The Inspector of Police, M.Kallupatti Police Station, M.Kallupatti, Madurai District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records of an impugned proceedings in Na.Ka.No.1370/2026/Aa1 dated 27.03.32026 issued by the 1st respondent and quash the same insofar as it rejects permission for conducting Karagattam during Swami Veedhi Ula and Aadal Paadal programme and consequently direct the first respondent to grant permission to conduct the said cultural programme in connection with Arulmigu Sree Mariamman Temple Festival Scheduled to be held from 03.04.2026 to 07.04.2026 (5 days) at M.Perumalpatti Village and T.Nadarkalpatti, M.Kallupatti, Mallapuram, Peraiyur Block, Usilampatti Taluk, Madurai District and further direct the fifth respondent to provide adequate police protection for peaceful and orderly conduct of the aforesaid festival. For Petitioner : Mr.R.Ganeshprabu For R1, R3 & R4 : Mr.M.Muthumanikkam Government Advocate (Civil side) For R2 & R5 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor