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2023 Supreme(Mad) 496

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
K. Aarumugam - Appellant
Versus
The Superintendent of Police, Pudukkottai & Another - Respondents
W.P(MD)No. 6285 of 2023
Decided On : 23-03-2023

Advocates appeared:
For the Petitioner:V. Manikandan, Advocate. For the Respondents: B. Nambiselvan, Additional Public Prosecutor.

The court's decision was influenced by the circular memorandum issued by the Director General of Police, Tamil Nadu, providing guidelines for consideration of applications seeking permission for conducting cultural programmes.

Headnote:

Writ Petition - Permission for Cultural Programme - Court directs consideration of representation based on circular memorandum from Director General of Police

Fact of the Case:

The writ petitioner sought a Writ of Mandamus directing the respondents to grant permission and necessary protection to conduct a cultural programme in connection with a temple festival. The respondents had not considered the representation for permission, leading to the writ petition.

Finding of the Court:

The court directed the second respondent to consider the representation of the writ petitioner and pass suitable orders based on the circular memorandum issued by the Director General of Police, Tamil Nadu.

Issues: Permission for cultural programme, consideration of representation by the respondents

Ratio Decidendi: The court relied on the circular memorandum issued by the Director General of Police, Tamil Nadu, providing guidelines for consideration of applications seeking permission for conducting cultural programmes.

Final Decision: The writ petition stands disposed of with the direction for the second respondent to consider the representation and pass suitable orders based on the circular memorandum.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 24.03.2023 at 06.00 PM to 11.00 PM in connection with Thiru Vizha of Arulmigu Sri Muthu Kaliamman Thirukovil at Kalkudi Village, Viralimalai Taluk, Pudukkottai District.)

1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 24.03.2023 at 06.00 PM to 11.00 PM in connection with Thiru Vizha of Arulmigu Sri Muthu Kaliamman Thirukovil at Kalkudi Village, Viralimalai Taluk, Pudukkottai District.

2. Mr. B.Nambiselvan, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, “Arulmigu Sri Muthu Kaliamman Thirukovil at Kalkudi Village, Viralimalai Taluk, Pudukkottai District, is going to be held on 24.03.2023. Subsequent to the same, in order to conduct a cultural programme on 24.03.2023, they sought permission of the Police by giving a representation dated 13.03.2023. But, the second respondent has not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that he has no objection for granting permission to conduct a cultural programme subject to time restriction in between 07.00 p.m to 10.00 p.m. on 24.03.2023, and also submitted that the second respondent has received the representation of the writ petitioner and the same is pending for consideration.

5. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

6. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in Rc.007301/Genl.I (1)/2019, dated 09.04.2019, along with instructions to the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the second respondent is hereby directed to consider the representation of the writ petitioner, dated 13.03.2023 and pass suitable orders based on the above said circular, in the light of the above submission made by the learned Additional Public Prosecutor.

7. With the above direction, this writ petition stands disposed of. No costs.

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