Senthilkumar v. The State of Tamilnadu, Rep by the Superintendent of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.2263, 2265, 2271, 2274 of 2026 & W.M.P.Crl.(MD)No.548, 549, 553, 554 of 2026 Senthilkumar ... Petitioner in W.P.Crl.(MD)No.2263 of 2026 Kalleswaran ... Petitioner in W.P.Crl.(MD)No.2265 of 2026 Irullappasamy ... Petitioner in W.P.Crl.(MD)No.2271 of 2026 Paulraj ... Petitioner in W.P.Crl.(MD)No.2274 of 2026 Vs.

¶1State of Tamil Nadu, Rep. By the Superintendent of Police, Thoothukudi, Thoothukudi District.

¶2State of Tamil Nadu, Rep. by Inspector of Police, Kayathar Police Station, Thoothukudi District. ... Respondents in both petitions COMMON PRAYER : Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings in Na.Ka.No. 10/D6PS/2026, Na.Ka.No.13/D6PS/2026, Na.Ka.No.11/D6PS/2026, Na.Ka.No. 15/D6PS/2026, dated 17.04.2026 passed by the 2nd respondent and quash the same as illegal and consequently direct the 2nd respondent to grant permission and protection to conduct Adal Padal program scheduled to be held on

26.04.2026, 30.04.2026, 27.04.2026 & 05.05.2026 in connection with Kovil Kodai Festival in Arulmigu Sri Kaliamman Kovil, Arulmigu Sri Ulagandeeswari Amman Kovil, Arulmigu Durgai Amman Kovil and Arulmigu Karuppusamy Kovil at Vellalankottai Village, Kayathar Taluk, Thoothukudi District. For Petitioner : Mr.B.Santhanam Rajesh Kumar in W.P.Crl.(MD)No.2263 & 2271of 2026 Mr.S.Nagaraj Pandian in W.P.Crl.(MD)No.2265 & 2274 of 2026 For Respondents : Mr.S.Ravi (in all petitions) Additional Public Prosecutor COMMON ORDER These petitions have been filed challenging the rejection orders dated

17.04.2026 passed by the 2nd respondent and also seeking for a direction to the 2nd respondent to grant permission and protection to conduct Adal Padal program scheduled to be held on 26.04.2026, 30.04.2026 in connection with Kovil Kodai Festival in Arulmigu Sri Kaliamman Kovil, Arulmigu Sri Ulagandeeswari Amman Kovil, Arulmigu Durgai Amman Kovil and Arulmigu Karuppusamy Kovil at Vellalankottai Village, Kayathar Taluk, Thoothukudi 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 orders dated 17.04.2026 are hereby quashed. These Writ Petitions are allowed on the following conditions:-

(a) The petitioners are permitted to conduct Adal Padal program only on

05.05.2026 from 07.00 p.m., to 10.00 p.m., in connection with the Kovil Kodai Festival in Arulmigu Sri Kaliamman Kovil, Arulmigu Sri Ulagandeeswari Amman Kovil, Arulmigu Durgai Amman Kovil and Arulmigu Karuppusamy Kovil at Vellalankottai Village, Kayathar Taluk, Thoothukudi District. It is made clear that a single festival spanning from 26.04.2026 to 30.04.2026 is organised for all the temples together.

(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.

(o) with regard to katcheri program, it is made clear that the petitioners will not be prevented by the respondent police from performing devotional songs. 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 Petitions are closed.

21.04.2026 NCC : Yes / No Index : Yes / No sm Note: Issue order copy on 22.04.2026.

L.VICTORIA GOWRI, J. Sm TO:-

1.The Superintendent of Police, Thoothukudi, Thoothukudi District.

¶2The Inspector of Police, Kayathar Police Station, Thoothukudi District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Common Order made in Dated

21.04.2026