Balamurugan v. The Deputy Superintendent Of Police, Vilathikulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI & W.M.P.Crl.(MD)No.902 of 2026 Balamurugan ... Petitioner Vs.

1. The Deputy Superintendent of Police, Vilathikulam Division, Thoothukudi District.

2. The Inspector of Police, Kulathur Police Station, Thoothukudi 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 pertaining to the impugned order in proceedings Na.Ka.No.09/Kulathur Ka.N/Thoodi/2026 dated 26.06.2026 on the file of the 2nd respondent and quash the same as illegal and consequently direct the respondents to grant permission and necessary protection to perform the Adal Padal cultural program on 04.07.2026 at 08.00 p.m., to 11.00 p.m., in Arulmigu Sri Kilavi Amman @ Mutharamman, Sri Madasamy Temple at Sri Vaikundaperumalpuram Village, Thoothukudi District.

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For Petitioner : Mr.M.Prabu For Respondents : Mr.D.Rajaboopathy Government Advocate (Crl.)

ORDER

This petition has been filed challenging the rejection order in Na.Ka.No. 09/Kulathur Ka.N/Thoodi/2026 dated 26.06.2026 on the file of the 2nd respondent and consequently direct the respondents to grant permission and necessary protection to perform the Adal Padal cultural program on 04.07.2026 at 08.00 p.m., to 11.00 p.m., in Arulmigu Sri Kilavi Amman @ Mutharamman, Sri Madasamy Temple at Sri Vaikundaperumalpuram Village, Thoothukudi District.

2. It 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. In view of the above, the impugned order dated 26.06.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:- 2/8

(a) The petitioner is permitted to conduct cultural program on 04.07.2026 from 07.00 p.m., to 10.00 p.m, in connection with the temple festival of Arulmigu Sri Kilavi Amman @ Mutharamman, Sri Madasamy Temple at Sri Vaikundaperumalpuram Village, Thoothukudi 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) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants; (f) 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;

(g) 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;

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(h) No donations or prizes in the name of political parties; (i) 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.

(j) No slogans or speeches supporting or opposing any political party or party leader, any caste, community or creed;

(k) No political symbols or banners supporting political parties or communal leaders;

(l) Songs praising communal learder or having communal overtones should not be played (m) Organizers shall not erect any digital banners/placards on either side of the arterial roads, platforms, walkways/major roads and any other roads; (n) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme; (o) The function should not affect caste, religious or communal harmony and shall be conducted without any discrimination; (p) 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. 4/8

(q) 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;

(r) The entire programme shall be videographed (s) The Police is empowered to stop the programme, if it exceeds beyond the permitted time;

(t) The organizers shall ensure that no untoward incidents is caused disturbing the public peace and tranquility.

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

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

(w) The police bundobust charges shall be paid by the organizers committee;

(x) 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. 5/8

(y) 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. Consequently, connected Miscellaneous Petition is closed.

03.07.2026 NCC : Yes / No Index : Yes / No sm Note: Issue order copy on 03.07.2026.

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TO:-

1. The Deputy Superintendent of Police, Vilathikulam Division, Thoothukudi District.

2. The Inspector of Police, Kulathur Police Station, Thoothukudi District.

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

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 03.07.2026 8/8