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2023 Supreme(Mad) 810

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
M. Raja & Anr. - Appellants
Versus
The Superintendent of Police, Sivagangai & Anr. - Respondents
W.P (MD)Nos. 7682, 7688 of 2023
Decided On : 05-04-2023

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

The court can issue a Writ of Mandamus to direct authorities to consider and pass suitable orders based on relevant circulars and guidelines.

Headnote:

Mandamus - Cultural Programme Permission - 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 to direct the respondents to grant permission for a cultural programme in connection with 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 for cultural programme, non-consideration of representation by the second respondent.

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 to grant permission and necessary protection to conduct the “Adal Padal” Programme on 07.04.2023 at 06.00 pm to 11.00 pm in connection with “Panguni Pongal Thiru Vizha” of Arulmigu Devi Sri Mariamman Thirukovil at Ganesapuram, Karaikudi, Sivagangai District.)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the Respondents to grant permission and necessary protection to conduct the “Adal Padal” Programme on 07.04.2023 at 06.00 pm to 11.00 pm in connection with “Panguni Pongal Thiru Vizha” of Arulmigu Devi Sri Mariamman Thirukovil at Ganesapuram, Karaikudi, Sivagangai District.

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 Devi Sri Mariamman Thirukovil” at Ganesapuram, Karaikudi, Sivagangai District, is going to be held on 07.04.2023. Subsequent to the same, in order to conduct a cultural programme on 07.04.2023 at 06.00 p.m., to 11.00 p.m., they sought permission of the police by giving a representation dated 17.03.2023. 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 17.03.2023 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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