BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
P. Kupendran - Appellant
Versus
The District Collector, Dindigul & Others - Respondents
W.P(MD)No. 7125 of 2023
Decided On : 30-03-2023
Writ Petition - Permission for Annual Village Temple Festival - The court directed the 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.
Fact of the Case:
The writ petitioner sought a Writ of Mandamus directing the respondents to grant permission and adequate police protection for conducting the Annual Village Temple Festival. The petitioner had submitted a representation for permission, which was not considered by the third respondent.
Finding of the Court:
The court directed the third 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 conducting the Annual Village Temple Festival and adequate police protection.
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 third 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.
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 adequate police protection for conducting the Annual Village Temple Festival of Arulmigu Sri Vinayagar, Sri Kaliamman, Sri Mariamman, Sri Muniyandi and Sri Karuppannasamy situated at S.Paraipatti, Singarakottai, Vedasendur Taluk, Dindigul District scheduled to be held from 31.03.2023 to 04.04.2023 by considering the representation dated 23.03.2023 sent by the petitioner.)
1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents, directing the respondents herein to grant permission and adequate police protection for conducting the Annual Village Temple Festival of Arulmigu Sri Vinayagar, Sri Kaliamman, Sri Mariamman, Sri Muniyandi and Sri Karuppannasamy situated at S.Paraipatti, Singarakottai, Vedasendur Taluk, Dindigul District scheduled to be held from 31.03.2023 to 04.04.2023 by considering the representation dated 23.03.2023 sent by the petitioner.
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 Vinayagar, Sri Kaliamman, Sri Mariamman, Sri Muniyandi and Sri Karuppannasamy” at S.Paraipatti, Singarakottai, Vedasendur Taluk, Dindigul District, is going to be held from 31.03.2023 to 04.04.2023. Subsequent to the same, in order to conduct a cultural programme from 31.03.2023 to 04.04.2023 03.05.2023, they sought permission of the police by giving a representation dated 23.03.2023. But, the third 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 the third respondent has received the representation of the writ petitioner and the same is pending for consideration. He further submitted that Peace Committee Meeting was held on 29.03.2023 and resolution was also adopted. However, the petitioner did not accept the above said resolution.
5. This Writ Petition has been filed on 28.03.2023 seeking permission to conduct the above said festival. The learned counsel for the petitioner submitted that the petitioner is ready to undertake the resolution passed in the above said meeting.
6. 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.
7. 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 third respondent is hereby directed to consider the representation of the writ petitioner, dated 23.03.2023, after any such undertaken given by the petitioner and pass suitable orders on its own merits based on the above said circular.
8. With the above direction, this Writ Petition stands disposed of. No costs.
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 cond....
The court emphasizes the need for police protection during religious festivals while recognizing the rights of multiple parties to celebrate.
The court's decision was influenced by the circular and guidelines issued by the Director General of Police, which formed the basis for directing the respondents to consider the representation and pa....
The court's decision was influenced by the circular and guidelines issued by the Director General of Police, which formed the basis for directing the respondents to consider the petitioner's represen....
The court emphasized the importance of considering representations for permission in accordance with the guidelines issued by the Director General of Police.
The court's decision was influenced by the circular and guidelines issued by the Director General of Police, which provided the framework for considering applications seeking permission for cultural ....
The court's decision was influenced by the interpretation of the circular memorandum issued by the Director General of Police, which provided guidelines for considering applications seeking permissio....
The fundamental right to worship is not restricted to one temple, allowing groups to worship in different temples without coercion.
Court directs police to enquire and provide protection for traditional temple festivals if conducted peacefully.
The court affirmed the right to equitable participation in religious events under judicial protection, ensuring public safety amidst disputes.
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