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2023 Supreme(Mad) 562

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
K. Rajkumar - Appellant
Versus
The Superintendent of Police, District Pudukkottai & Another - Respondents
W.P(MD)No. 6945 of 2023
Decided On : 30-03-2023

Advocates appeared:
For the Petitioner:K. Sridhar, Advocate. For the Respondents:S. Manikandan, Government Advocate (Crl. side).

The court emphasized the importance of considering representations for conducting cultural programs in accordance with the circular and guidelines issued by the Director General of Police.

Headnote:

Writ Petition - Permission for Cultural Programme - 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 to perform a cultural program at a specific location and time. The respondents had not considered the petitioner's representation, leading to the filing of 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 and guidelines issued by the Director General of Police.

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

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

Final Decision: The writ petition stands disposed of with the direction to the respondent to consider the representation of the writ petitioner.

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 to perform the program of ''Adal Padal'' Program on 31.03.2023 night at about 6.00 p.m. to 11.00 p.m at Gandarvakkottai Taluk, Moganoor, Periyakottai Village, Arulmigu Devasena Udanurai Subramanya Swamy Temple, Pudukottai District and to provide adequate police protection based on the petitioner representation, dated 26.03.2023.)

1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the Respondents to grant permission to perform the program of ''Adal Padal'' Program on 31.03.2023 night at about 6.00 p.m. to 11.00 p.m at Gandarvakkottai Taluk, Moganoor, Periyakottai Village, Arulmigu Devasena Udanurai Subramanya Swamy Temple, Pudukottai District and to provide adequate police protection based on the petitioner representation, dated 26.03.2023.

2. Mr.S.Manikandan, 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 ''Thiru Vizha'' of Gandarvakkottai Taluk, Moganoor, Periyakottai Village, Arulmigu Devasena Udanurai Subramanya Swamy Temple, Pudukottai District, is going to be held on 31.03.2023. Subsequent to the same, in order to conduct a cultural programme on 31.03.2023, they sought permission of the Police by giving a representation dated 26.03.2023. 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 Government Advocate (Crl. side) 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 31.03.2023, 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 Government Advocate (Crl. side) 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 26.03.2023 and pass suitable orders based on the above said circular, in the light of the above submission made by the learned Government Advocate (Crl. side).

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

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