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2026 DAILYLAW 2443 (MAD)

U.Iyyersami v. The Superintendent of Police

WP Crl.(MD)/2142/2026 · 2026-04-17

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

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W.P.Crl.(MD)No.2142 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.2142 of 2026 U.Iyyersami ... Petitioner Vs. 1. The Superintendent of Police, Superintendent of Police Office, Surveyor Colony, Madurai District. 2. The Deputy Superintendent of Police, Usilampatti Sub Division, Usilampatti, Madurai District. 3.The Inspector of Police, Usilampatti Police Station, Usilampatti, Madurai District. 4. The Returning Officer/Revenue Divisional Officer, Usilampatti Sub Division, Madurai District. ... Respondents (R4 is suo motu impleaded vide order of this Court dated 17.04.2026 in this writ petition.) PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the representation dated 01.04.2026 and consequently direct them to grant 1/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2142 of 2026 permission and protection for conducting the cultural programme on 25.04.2026 between 07.00 p.m., and 10.00 p.m., and pass orders within a time frame as fixed by this Court. For Petitioner : Ms.T.Madhubala For Respondents : Mr.M.Sakthi Kumar (R1 to R3) Government Advocate (Crl.) Mr.M.Muthumanikkam (R4) Government Advocate (Civil) ORDER This petition has been filed seeing for a direction to the respondents to consider the representation dated 01.04.2026 and also to grant permission and protection for conducting the cultural programme for the temple festival of Arulmigu Sri Sandhana Mariamman Temple, D.Pichampatti Village, Usilampatti, Madurai District, on 25.04.2026 between 07.00 p.m., and 10.00 p.m. 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 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2142 of 2026 throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. 3. The election process being underway, it is necessary to implead the concerned Returning Officer. Accordingly, the Returning Officer/Revenue Divisional Officer, Usilampatti Sub Division, Madurai District, is suo motu impleaded as the fourth respondent in this writ petition, for whom, Mr.M.Muthumanikkam, learned Government Advocate takes notice. 4. In view of the above, this Writ Petition is disposed on the following conditions:- (a) The petitioner is permitted to conduct cultural program on 25.04.2026 in connection with the temple festival of Arulmigu Sri Sandhana Mariamman Temple, D.Pichampatti Village, Usilampatti, Madurai 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 3/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2142 of 2026 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; 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2142 of 2026 (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. 17.04.2026 NCC : Yes / No Index : Yes / No sm Note: Issue order copy on 20.04.2026. TO:- 1. The Superintendent of Police, Superintendent of Police Office, Surveyor Colony, Madurai District. 2. The Deputy Superintendent of Police, Usilampatti Sub Division, Usilampatti, Madurai District. 3.The Inspector of Police, Usilampatti Police Station, Usilampatti, Madurai District. 4. The Returning Officer/Revenue Divisional Officer, Usilampatti Sub Division, Madurai District. 5. 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.2142 of 2026 L.VICTORIA GOWRI, J. Sm Order made in W.P.Crl.(MD)No.2142 of 2026 Dated 17.04.2026 6/6 https://www.mhc.tn.gov.in/judis