BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
Arunagirirajan - Appellant
Versus
The Superintendent of Police, Dindigul & Another - Respondents
W.P (MD) No. 7081 of 2023
Decided On : 31-03-2023
Mandamus - Police Protection - Interpretation of Circular Memorandum
Fact of the Case:
The petitioner sought a Writ of Mandamus to direct the police to provide adequate protection for a temple festival. The police had not considered the petitioner's representation for permission to conduct a cultural program due to a rivalry between two groups.
Finding of the Court:
The court directed the petitioner to file an undertaking affidavit as per the circular issued by the Director General of Police, and upon doing so, the police were directed to consider the representation and pass suitable orders.
Issues: Failure of police to consider representation for permission, rivalry between groups, interpretation of circular memorandum
Ratio Decidendi: The court relied on the circular memorandum issued by the Director General of Police, which provided guidelines for considering applications seeking permission for conducting cultural programs.
Final Decision: The Writ Petition was disposed of with the direction for the petitioner to file an undertaking affidavit as per the circular, and for the police to consider the representation and pass suitable orders.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent to give adequate police protection for the Puravi Eduppu festival on 05.04.2023 and 06.04.2023 for the Arulmigu Muthalamman Temple, at Thethampatti Village, Naththam Taluk, Dindigul District by considering the petitioner''s representation dated 24.03.2023.)
1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the second respondent to give adequate police protection for the Puravi Eduppu festival on 05.04.2023 and 06.04.2023 for the Arulmigu Muthalamman Temple, at Thethampatti Village, Naththam Taluk, Dindigul District by considering the petitioner''s representation dated 24.03.2023.
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 Muthalamman Temple” at Thethampatti Village, Naththam Taluk, Dindigul District, is going to be held on 05.04.2023 and 06.04.2023. Subsequent to the same, in order to conduct a cultural programme on 05.04.2023 and 06.04.2023, they sought permission of the police by giving a representation dated 24.03.2023. 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. He further submitted that there existed some rivalry between the two groups.
5. The learned counsel for the petitioner submitted that the compromise reached between the two groups and they are ready to file an undertaking affidavit, to that effect before the second respondent police.
6. At this juncture, the learned Additional Public Prosecutor appearing for the respondent police submitted that after filling the undertaking the affidavit, the concerned authority may be considered the petitioner''s representation
7. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.
8. 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 writ petitioner is directed to file an undertaking affidavit as stated by the learned counsel appearing for the petitioner before the second respondent police and on such filling, the second respondent is hereby directed to consider the representation of the writ petitioner, dated 24.03.2023 and pass suitable orders based on the above said circular. The petitioner is directed to file an
With the above direction, this Writ Petition stands disposed of. No costs.
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 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'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 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 memorandum issued by the Director General of Police, Tamil Nadu, providing guidelines for consideration of applications seeking permission for cond....
The Court may grant permission for religious festivals despite pending rival claims by allowing participation for prayer purposes while relegating the determination of ultimate control to independent....
Court directs police to enquire and provide protection for traditional temple festivals if conducted peacefully.
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 affirmed the right to equitable participation in religious events under judicial protection, ensuring public safety amidst disputes.
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