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2022 Supreme(Mad) 2495

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. SIVAGNANAM, J.
Thiruchendur Nattar Maruthuvar Madathinar Sangam, Rep. by its Secretary N. Sudalaimani - Appellant
Versus
The Superintendent of Police, Thoothukudi & Others - Respondent
W.P(MD)No. 18210 of 2022
Decided On : 11-08-2022

Advocates appeared:
For the Petitioner:P. Balamurugan, Advocate. For the Respondents:M. Sakthi Kumar, Government Advocate (crl.side). For the Intervenor:M. Maran, Advocate.

The court's decision was based on the circular issued by the Director General of Police, Tamil Nadu, which influenced the consideration of the petitioner's representation for conducting 'Annathanam' alone in connection with the religious festival.

Headnote:

Permission - Religious Festival - The court directed the respondent police to consider the petitioner's representation for conducting 'Annathanam' alone in connection with the Kodai Vizha festival, based on a circular issued by the Director General of Police, Tamil Nadu.

Fact of the Case:

The petitioner sought permission to conduct a programme for the Kodai Vizha festival, but later withdrew the challenge against the impugned order and requested permission for 'Annathanam' alone.

Finding of the Court:

The court directed the respondent police to consider the petitioner's representation for 'Annathanam' alone based on the circular issued by the Director General of Police, Tamil Nadu.

Issues: Permission for religious festival programme

Ratio Decidendi: The court's decision was influenced by the circular issued by the Director General of Police, Tamil Nadu, which provided the basis for considering the petitioner's representation for 'Annathanam' alone.

Final Decision: The writ petition was disposed of with the direction for the respondent police to consider the petitioner's representation for 'Annathanam' alone based on the circular issued by the Director General of Police, Tamil Nadu.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 05.08.2022 by the 4th respondent and to quash the same and consequently directing the 4th respondent to grant permission and necessary protection to conduct the programme i.e. Vil Issai on 12.08.2022 at 07.00 p.m. and Annathanam on 13.08.2022 at 06.00 a.m. in the eve of Kodai Vizha festival of Arulmigu Theradimadan Thirukovil at Nattar Maruthuvar Madam, 21 Eat Car Street (Nearby Periya Ther), Thiruchendur.)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 4th respondent, dated 05.08.2022 and quash the same, consequently, directing the 4th respondent to grant permission and necessary protection to conduct the programme i.e. Vil Issai on 12.08.2022 at 07.00 p.m. and 'Annathanam' on 13.08.2022 at 06.00 a.m. in connection with 'Kodai Vizha' festival of Arulmigu Theradimadan Thirukovil at Nattar Maruthuvar Madam, 21 Eat Car Street (Nearby Periya Ther), Thiruchendur.

2. Mr.M.Sakthikumar, learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that he is not pressing his challenge against the impugned order. But he seeks permission to consider the petitioner's representation with regard to 'Annathanam' alone on 13.08.2022 at 06.00 a.m., in the eve of Kodai Vizha festival of Arulmigu Theradimadan Thirukovil at Nattar Maruthuvar Madam, 21 Eat Car Street (Nearby Periya Ther), Thiruchendur.

4. The learned Government Advocate (Crl.side) appearing for the respondent police also accepted that with regard to 'Annathanam' alone, the respondent police are ready to consider the petitioner's representation, dated 30.07.2022.

5. In view of the above submission, the fourth respondent police is directed to consider the petitioner's representation, dated 30.07.2022 with regard to 'Annathanam' alone to be held on 13.08.2022, based on the circular issued by the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019.

6. With the above direction, this writ petition is disposed of. No costs.

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