T.Ponnusamy v. The Returning Officer,

ORDER This petition has been filed challenging the rejection order passed by the 1st respondent vide proceedings Na.Ka.No.A5/1401/(41)/2026, dated

25.03.2026 and consequently, directing the respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 15.04.2026 and

16.04.2026 at 07.00 p.m., to 10.00 p.m., in connection with Chitrai Venkudai Festival of Neer Katha Ayyanar Temple, Chellam North South Street, Rajapalayam Taluk, Virudhunagar 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.

¶3It is also brought to the notice of this Court that one of the Administrative Committee Member of the aforesaid temple is the candidate for the position of MLA from a political party, currently contesting in the ongoing elections. In this regard, it is made clear that the said administrator should not facilitate the display of any of his political ideology during any of the programs scheduled to be held during the temple festival. Accordingly, the impugned order dated 05.04.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:-

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

16.04.2026 in connection with Chitrai Venkudai Festival of Neer Katha Ayyanar Temple, Chellam North South Street, Rajapalayam 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.

09.04.2026 NCC : Yes / No Index : Yes / No sm Note: Issue order copy on 10.04.2026. TO:-

¶1The Returning Officer, District Supply and Consumer Protection Officer, Rajapalayam Parliament Constituency, Virudhunagar.

¶2The Inspector of Police, South Police Station, Rajapalayam,

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

L.VICTORIA GOWRI, J. Sm Dated

09.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI & W.M.P.Crl.(MD)No.493 of 2026 T.Ponnusamy ... Petitioner Vs. 1. The Returning Officer, District Supply and Consumer Protection Officer, Rajapalayam Parliament Constituency, Virudhunagar. 2. The Inspector of Police, South Police Station, Rajapalayam, ... 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 pertaining to the impugned order passed by the 1st respondent vide proceedings Na.Ka.No.A5/1401/(41)/2026, dated 25.03.2026 and quash the same as illegal and consequently, directing the respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 15.04.2026 and 16.04.2026 at 07.00 p.m., to 10.00 p.m., in connection with Chitrai Venkudai Festival of Neer Katha Ayyanar Temple, Chellam North South Street, Rajapalayam Taluk, For Petitioner : Mr.R.Karthic Rajan For Respondents : Mr.M.Sakthi Kumar (R2) Government Advocate (Crl.) Mr.C.Satheesh (R1) Government Advocate (Civil)