Muthukumar v. The Superintendent of Police

O R D E R This writ petition has been filed in the nature of a Writ of Certiorarified Mandamus, challenging the proceedings of the 3rd respondent in C.C.No.77/S1PS/SVM/TUT/2026, dated 03.08.2026 to quash with consequential direction to the respondents to grant permission to the petitioner to conduct cultural programmes, namely, "Bhakthi and Innisai Katcheri," in connection with the temple festival at Arulmighu Sri Durgai Amman Temple, situated at Poonankurichi Village, Srivaikundam Taluk, Thoothukudi District.

¶2Heard both sides.

¶3The case of the petitioner is that he submitted a representation, seeking permission to conduct a cultural programme, namely, "Bhakthi and Innisai Katcheri," on 17.08.2026 from 5.00 p.m. onwards. In this regard, the 3rd respondent issued proceedings dated 03.08.2026, rejecting the petitioner's request on the ground that criminal cases are pending between Magesh @ Mayandi and PMT Political Leader Isakkiraja, in Crime Nos.343 of 2026, 411 of 2026 and 434 of 2026, on the file of the Srivaigundam Police Station. It was further stated that the prevailing situation was not conducive to permitting the organisers of the festival to conduct the "Bhakthi and Innisai Katcheri" on 17.08.2026. Therefore, the 3rd respondent stated that the said musical programme could not be permitted. Aggrieved by the said rejection, the petitioner has filed the present writ petition.

¶4The learned Government Advocate appearing for the respondents, on instructions, would submit that there had been no previous incident involving the conduct of such a "Bhakthi and Innisai Katcheri" and even then the petitioner's request had been considered and allowed in totu, except insofar as it related to the conduct of the "Bhakthi and Innisai Katcheri." He would further submit that the said programme was not permitted on the ground that three FIRs are pending against the two rival groups in the same village. Therefore, the said request was rejected.

¶5During the course of the submissions, the learned counsel appearing for the petitioner, on instructions, restricted his prayer to conducting the "Bhakthi Katcheri" alone and submitted that the troupe may be permitted to perform only devotional songs during the festival. He further submitted that a specific order may be passed making it clear that the petitioner shall not be permitted to perform cinema songs, songs in praise of political leaders or community leaders, or any other songs of a similar nature.

¶6Based on the aforesaid submission and the restriction of the prayer to singing devotional (gf;jpg; ghly;fs;) songs alone, the learned State Counsel, on instructions, submitted that the petitioner's request may be permitted, and accordingly, the petitioner may be allowed to conduct the Bhakthi Katcheri alone on 17.08.2026.

¶7In view of the above submissions, the impugned proceedings dated 03.08.2026 passed by the 3rd respondent is quashed and this Court made the following directions : a) The petitioner is permitted to conduct cultural programme namely ''Bhakthi Katcheri'' on 17.08.2026 from 07.00 p.m. to 10.00 p.m. b) It is made clear that, during the ''Bhakthi Katcheri'', the troupe shall sing only devotional songs (gf;jpg; ghly;fs;) addressed to God or Goddess. c) Singing of cinema-related or other commercial songs shall not be permitted. d) Songs praising political leaders, communal leaders or having communal overtones should not be played e) The program shall not extend beyond 10.00 p.m. f) The Police is empowered to stop the programme, if it exceeds beyond the permitted time; g) The organizers shall ensure that no untoward incident is caused disturbing the public peace and tranquility. h) If any untoward incident takes place, the organizers of the programme be made responsible for the same;

i) 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.

¶8With the above said directions, this Writ Petition is allowed. No costs.

17.08.2026 NCC : Yes / No Index : Yes / No gvn Note : Issue order copy on 17.08.2026 To:-

¶1The Superintendent of Police, Thoothukudi District.

¶2The Deputy Superintendent of Police, Srivaikundam Division, Thoothukudi District.

¶3The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

Dr. P. MURUGAN, J. gvn Dated

17.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2026 CORAM: THE HONOURABLE DR.JUSTICE P.MURUGAN Muthukumar ... Petitioner Vs. 1. The Superintendent of Police, Thoothukudi District. 2. The Deputy Superintendent of Police, Srivaikundam Division, Thoothukudi District. 3. The Inspector of Police, Srivaikundam Police Station, Thoothukudi District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings of the 3rd respondent in C.No.77/S1PS/SVM/TUT/2026 dated 03.08.2026 and quash the same insofar as it relates to the rejection of permission for conducting the cultural programmes, namely ''Pakthi and Innisai Katcheri'' on 17.08.2026 and consequently direct the respondents to grant permission to the petitioner to conduct the aforesaid cultural programme in connection with the temple festival at Arulmighu Shri Durgai Ambal Situated at Poonankurichi Village, Srivaikundam Taluk, Thoothukudi District, with sound and lighting arrangement and with adequate police protection subject to reasonable condition. For Petitioner : Mr.S.Vishnuvardhan For Respondents : M/s.C.Chrishopher Counsel for State of TN (crl.side)