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2023 Supreme(Mad) 552

HIGH COURT OF JUDICATURE AT MADRAS
G. ILANGOVAN, J.
K. Rajapandi - Appellant
Versus
The Superintendent of Police, Dindigul & Another - Respondents
W.P(MD)No. 6629 of 2023
Decided On : 29-03-2023

Advocates appeared:
For the Petitioner:P. Rengaraju, Advocate. For the Respondents:R. Suresh Kumar, Government Advocate (Crl. Side).

Headnote:

Writ Petition - Permission to Conduct Cultural Programme - 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.

Fact of the Case:

The writ petitioner sought a Writ of Mandamus directing the respondents to grant permission and protection to conduct a dance program in pursuant to a temple festival. The second respondent had not considered the representation of the writ petitioner.

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 to conduct a cultural programme and consideration of the writ petitioner's representation.

Ratio Decidendi: The court relied on the circular and guidelines issued by the Director General of Police, directing the second respondent to consider the representation of the writ petitioner.

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 herein to grant permission and protection to conduct the Aadalum Paadalu, dance program on 30.03.2023 in pursuant to the Urchava Vizha of Arulmigu Sri Muthalamman, Sri Bagavathi Amman, Sri Kaliamman Thirukovil festival, the above said program is to be conducted at S.Mettupatti village in Dindigul district by considering petitioner''s representation dated 22.03.2023.)

1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the Respondents herein to grant permission and protection to conduct the Aadalum Paadalu, dance program on 30.03.2023 in pursuant to the Urchava Vizha of Arulmigu Sri Muthalamman, Sri Bagavathi Amman, Sri Kaliamman Thirukovil festival, the above said program is to be conducted at S.Mettupatti village in Dindigul district by considering petitioner''s representation dated 22.03.2023.

2. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) 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 Muthalamman, Sri Bagavathi Amman, Sri Kaliamman Thirukovil festival, is going to be held on 30.03.2023 at S.Mettupatti village in Dindigul District. Subsequent to the same, in order to conduct a cultural programme on 30.03.2023, they sought permission of the Police by giving a representation dated 22.03.2023. 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 30.03.2023, 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 22.03.2023 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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