Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 504

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
S. Pandikannan - Appellant
Versus
The Superintendent of Police, Madurai & Another - Respondents
W.P(MD)No. 6319 of 2023
Decided On : 24-03-2023

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 and guidelines issued by the Director General of Police, which formed the basis for directing the consideration of the writ petitioner's representation for conducting the cultural programme.

Headnote:
Mandamus - Cultural Programme Permission - The court directed the respondent to consider the representation of the writ petitioner based on the circular and guidelines issued by the 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 second respondent had not considered the representation of the writ petitioner seeking permission for the programme.
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 and guidelines issued by the Director General of Police.
Issues: Permission for conducting cultural programme, non-consideration of representation by the second respondent.
Ratio Decidendi: The court relied on the circular memorandum and guidelines issued by the Director General of Police to direct the consideration of the writ petitioner's representation for conducting the cultural programme.
Final Decision: The Writ Petition stands disposed of with the direction to the second respondent to consider the representation of the writ petitioner and pass suitable orders based on the circular and guidelines issued by the Director General of Police.

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 25.03.2023 at 07.00 p.m., to 10.00 p.m., in connection with “Thiru Vizha” of Arulmigu Sri Karuppasamy Thirukovil at Thullukuttinayakannur, Peraiyur Taluk, Madurai District.)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents, directing the respondents to grant permission and necessary protection to conduct the “Adal Padal” programme on 25.03.2023 at 07.00 p.m., to 10.00 p.m., in connection with “Thiru Vizha” of Arulmigu Sri Karuppasamy Thirukovil at Thullukuttinayakannur, Peraiyur Taluk, Madurai 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 Karuppasamy Thirukovil” at Thullukuttinayakannur, Peraiyur Taluk, Madurai District, is going to be held on 25.03.2023. Subsequent to the same, in order to conduct a cultural programme on 25.03.2023 at 07.00 p.m., to 10.00 p.m., they sought permission of the police by giving a representation dated 14.03.2023. 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 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 14.03.2023 and pass suitable orders based on the above said circular.

7. With the above direction, this Writ Petition stands disposed of. No costs.

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