Research › Search › Judgment

Madras High Court · body

1922 DAILYLAW 404 (MAD)

Sivaprakash v. The Election Officer of 138-Manapparai

WP Crl.(MD)/1922/2026 · 2026-04-08

L Victoria Gowri

Transfer Petitionbody1922

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD)No.1922 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.1922 of 2026 and W.P.M.P.Crl(MD)No.479 of 2026 Sivaprakash ... Petitioner Vs. 1.The Election Officer of 138-Manapparai, Legislative Assembly & The District Backward Classes and Minorities Welfare Officer, Trichy, Trichy District. 2.The State of Tamil Nadu, Rep. by the Inspector of Police, Thuvarankuruchi Police Station, Trichy 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 rejection order passed by the 2nd respondent and quash the same and consequently direct the respondents to grant permission and protection for conducting Adal Padal Programe scheduled to be held on 09.04.2026 at 06.00 p.m., to 10.00 p.m., in connection with Thiruvizha of Arulmigu Sri Muthumariamman Thirukovil at Akkiyampatti Village, Marungapuri Taluk, Trichy District. For Petitioner : Mr.V.Manikndan For Respondents : Mr.C.Satheesh (R1) Government Advocate (Civil) 1/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1922 of 2026 Mr.M.Sakthi Kumar (R2) Government Advocate (Crl.) ORDER This petition has been filed challenging the rejection order passed by the 2nd respondent with a consequential direction to the respondents to grant permission and protection for conducting Adal Padal Programe scheduled to be held on 09.04.2026 at 06.00 p.m., to 10.00 p.m., in connection with Thiruvizha of Arulmigu Sri Muthumariamman Thirukovil at Akkiyampatti Village, Marungapuri Taluk, Trichy 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 passed by the 2nd respondent is hereby quashed. This Writ Petition is allowed on the following conditions:- (a) The petitioner is permitted to conduct Adal Padal program on 09.04.2026 from 07.00 p.m., to 10.00 p.m., in Arulmigu Sri Muthumariamman 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1922 of 2026 Thirukovil at Akkiyampatti Village, Marungapuri Taluk, Trichy 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; 3/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1922 of 2026 (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. Consequently, connected Miscellaneous Petition is closed. 08.04.2026 NCC : Yes / No Index : Yes / No gbg Note: Issue order copy on 08.04.2026. 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1922 of 2026 TO:- 1.The Election Officer of 138-Manapparai, Legislative Assembly & The District Backward Classes and Minorities Welfare Officer, Trichy, Trichy District. 2.The Inspector of Police, Thuvarankuruchi Police Station, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.1922 of 2026 L.VICTORIA GOWRI, J. gbg Order made in W.P.Crl.(MD)No.1922 of 2026 Dated 08.04.2026 6/6 https://www.mhc.tn.gov.in/judis