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2023 Supreme(Mad) 607

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
P. Vijayasankar - Appellant
Versus
The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Thiruvaiyaru & Another - Respondents
W.P (MD) No.7360 of 2023
Decided On : 31-03-2023

Advocates appeared:
For the Petitioner:K. Sridhar, Advocate. For the Respondents:R. Sureshkumar, Government Advocate.

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 consideration of the representation for permission.

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 to permit the conduct of a cultural programme at a temple, as the police had not considered their representation for permission.

Finding of the Court:

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.

Issues: Permission for cultural programme at a temple and provision of police protection.

Ratio Decidendi: The court relied on the circular and guidelines issued by the Director General of Police to direct the consideration of the representation for permission.

Final Decision: The Writ Petition stands disposed of with the direction to consider the representation and pass suitable orders based on the circular.

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 perform the program of Adal Padal Programme on 02.04.2023 night at about 6.00 pm to 11.00 pm at Thiruvaiyaru Thaluka, Veerasingam pettai, Arulmigu Sri Maari Amman Kovil Temple, Thanjavur District and to provide police protection based on the representation, dated 29.03.2023.)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents, directing the respondents to permit the petitioner to conduct “Adal Padal” program at Thiruvaiyaru Thaluka, Veerasingam pettai, Arulmigu at Sri Maari Amman Kovil Temple, Thanjavur District on 02.04.2023 at 6.00 pm to 11.00 pm and to provide adequate police protection.

2. Mr.R.Sureshkumar, 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 Maari Amman Kovil Temple situated at Thiruvaiyaru Thaluka, Veerasingam pettai, Thanjavur District, is going to be held on 02.04.2023. Subsequent to the same, in order to conduct a cultural programme on 02.04.2023 at 6.00 pm to 11.00, they sought permission of the police by giving a representation, dated 29.03.2023. 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 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 29.03.2023 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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