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2006 DAILYLAW 3608 (MAD)

M.Sekar v. The Returning Officer/Revenue Divisional Officer

WP Crl.(MD)/2006/2026 · 2026-04-10

L Victoria Gowri

Transfer Petitionbody2006

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP CRL.(MD). No.2006 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10/04/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI WP CRL.(MD). No.2006 of 2026 and WPMP CRL.(MD). No.502 of 2026 M.Sekar ... Petitioner Vs 1. The Returning Officer/ Revenue Divisional Officer, Vilathikulam, Thoothukudi District. 2. The Inspector of Police, Sankaralingapuram Police Station, Thoothukudi District. ... Respondents PRAYER :- To Writ of Certiorarified Mandamus or any other order or direction in the nature of Writ, to call for the records pertaining to the impugned order passed by the 2nd Respondent vide proceedings Na.Ka.No. 01/PROCEEDINGS/G10-PS/2026 dated 02.04.2026 and quash the same in so far as it relates to condition No.12 rejecting permission for conducting the "Karagattam"and "Adal adal" Programme and consequently, directing the respondents to grant permission and necessary protection to conduct the "Karagattam" on 25.04.2026 and 1/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.2006 of 2026 "Adal Padal" programme on 27.04.2026 at 7.00 pm to 10.00 pm in connection with "Kodai Thiruvizha" of Arulmigu Kaliamman Thirukovil, A.Kumarapuram, Villathikulam Taluk, Thoothukudi District. For Petitioner : Mr. R.Karthic Rajan, Advocate. For Respondents : Mr.C.Satheesh, Government Advocate (Civil Side) Mr.M.Sakthi Kumar Government Advocate (Crl.side) ORDER This writ petition is filed challenging the impugned order passed by the second Respondent vide proceedings Na.Ka.No. 01/PROCEEDINGS/G10-PS/2026 dated 02.04.2026 and quash the same in so far as it relates to condition No.12 rejecting permission for conducting the "Karagattam"and "Adal adal" Programme and consequently, directing the respondents to grant permission and necessary protection to conduct the "Karagattam" on 25.04.2026 and "Adal Padal" programme on 27.04.2026 at 7.00 pm to 10.00 pm in connection with "Kodai Thiruvizha" of Arulmigu Kaliamman Thirukovil, A.Kumarapuram, Villathikulam Taluk, Thoothukudi District. 2/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.2006 of 2026 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 02.04.2026 is hereby quashed. This Writ Petition is allowed on the following conditions:- (a) The petitioner is permitted to conduct Karakattam and Adal Padal program on 25.04.2026 and 27.04.2026 from 07.00 p.m., to 10.00 p.m., in Arulmigu Kaliamman Thirukovil, A.Kumarapuram, Villathikulam Taluk, 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.; 3/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.2006 of 2026 (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; 4/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.2006 of 2026 (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. 10.04.2026 NCC : Yes / No Index : Yes / No Note: Issue order copy on 10.04.2026. pnn 5/6 https://www.mhc.tn.gov.in/judis WP CRL.(MD). No.2006 of 2026 L. VICTORIA GOWRI,J pnn To 1. The Returning Officer/ Revenue Divisional Officer, Vilathikulam, Thoothukudi District. 2. The Inspector of Police, Sankaralingapuram Police Station, Thoothukudi District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN WP CRL.(MD) No.2006 of 2026 Date : 10/04/2026 6/6 https://www.mhc.tn.gov.in/judis