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1935 DAILYLAW 2 (MAD)

M.Sureshpandian v. The Deputy Superintendent of Police, Aundipatti,

WP Crl.(MD)/1935/2026 · 2026-04-07

L Victoria Gowri

Transfer Petitionbody1935

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP CRL.(MD). No.1935 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07/04/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI WP CRL.(MD). No.1935 of 2026 and WPMP CRL.(MD). No.485 of 2026 M.Sureshpandian ... Petitioner Vs 1. The Deputy Superintendent Of Police, Aundipatti, Theni District. 2. The Election Officer, Special Deputy Collector, Aundipatti Constitution, Theni District. 3. State of Tamilnadu Rep by Inspector of Police, Andipatti Police Station, Theni District. ... Respondents PRAYER :- To issue a Writ of Certiorarified Mandamus a writ calling for the records relating to the proceedings of impugned order in Na.Ka.No. 9706/2026/H1 dated 28.03.2026 by the 2nd respondent in pursuance to the temple festival namely Arulmigu Sri Kali Amman Temple" at 1/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1935 of 2026 T.Rajagopalanpatti Village, from 10.04.2026 to 12.04.2026 for 3 days in which Aadal Padal programe with light and sound service going to held on 11.04.2026 at 6.00 a.m., to 10.00 pm and quash the same and further directing respondents to grant protection and permission to conduct the "Aadal Padal programe" on 11.04.2026 at 6.00 a.m., to 10.00 p.m., with light and sound service in pursuance to the temple festival namely "Arulmigu Sri Kali Amman Temple" at T.Rajagopalanpatti Village, Theni District. For Petitioner : Mr. C. Susikumar, Advocate. For Respondent : Mr. M.Sakthi Kumar for R1 and R3 Government Advocate (Crl.Side) Mr.M.Muthumanikkam for R2 Government Advocate (Civil Side) ORDER This petition has been filed challenging the impugned order impugned order in Na.Ka.No.9706/2026/H1 dated 28.03.2026 by the 2nd respondent in pursuance to the temple festival namely Arulmigu Sri Kali Amman Temple" at T.Rajagopalanpatti Village, from 10.04.2026 to 12.04.2026 for 3 days in which Aadal Padal programe with light and sound service going to held on 11.04.2026 at 6.00 a.m., to 10.00 pm and 2/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1935 of 2026 quash the same and further directing respondents to grant protection and permission to conduct the "Aadal Padal programe" on 11.04.2026 at 6.00 a.m., to 10.00 p.m., with light and sound service in pursuance to the temple festival namely "Arulmigu Sri Kali Amman Temple" at T.Rajagopalanpatti Village, Theni 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 28.03.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:- (a) The petitioner is permitted to conduct Adal Padal program on 11.04.2026 from 07.00 p.m., to 10.00 p.m., in Arulmigu Sri Kali Amman Temple" at T.Rajagopalanpatti Village, Theni District. 3/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1935 of 2026 (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; 4/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1935 of 2026 (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. No costs. Consequently, connected Miscellaneous Petition is closed. 07.04.2026 NCC : yes / no Index : yes / no Note : Issue order copy on 08.04.2026 pnn 5/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.1935 of 2026 L. VICTORIA GOWRI, J pnn To 1. The Deputy Superintendent Of Police, Aundipatti, Theni District. 2. The Election Officer, Special Deputy Collector, Aundipatti Constitution, Theni District. 3.The Inspector of Police, Andipatti Police Station, Theni District. 4. The Additional Public Prosecutor, Mdarai Bench of Madras High Court, Madurai. ORDER IN WP CRL.(MD) No.1935 of 2026 Date : 07/04/2026 6/6 https://www.mhc.tn.gov.in/judis