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2023 Supreme(Mad) 863

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
R. Pandian - Appellant
Versus
The Deputy Superintendent of Police, Theni & Anr. - Respondents
W.P(MD)No. 8067 of 2023
Decided On : 11-04-2023

Advocates appeared:
For the Petitioner:J. Krishna Kumar, Advocate. For the Respondents:S. Manikandan, Government Advocate(Crl. Side).

The court's decision was influenced by the circular and guidelines issued by the Director General of Police for consideration of applications seeking permission for conducting cultural programmes.

Headnote:

Writ Petition - Cultural Programme Permission - The court directed the second 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 direct the second respondent to grant permission for a cultural programme at a temple festival, as the representation for permission had not been considered.

Finding of the Court:

The court directed the second 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 temple festival

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 for permission.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to grant permission and necessary protection to perform the cultural programme (i.e) Adal Padal on 12.04.2023 at 07.00 p.m to 11.00 p.m in the evening of “Arulmigu Sri Kaliamman Thirukovil Thiruvizha” Uthamapalayam Muthalapuram, Theni District, consider the petitioner''s representation dated 06.04.2023.)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the second respondent to grant permission and necessary protection to perform the cultural programme (i.e) Adal Padal on 12.04.2023 at 07.00 p.m to 11.00 p.m in the evening of “Arulmigu Sri Kaliamman Thirukovil Thiruvizha” Uthamapalayam Muthalapuram, Theni District, consider the petitioner''s representation dated 06.04.2023.

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 festival for the temple, by name, “Arulmigu Sri Kaliamman Thirukovil Thiruvizha” at Uthamapalayam Muthalapuram, Theni District, is going to be held on 12.04.2023 at 07.00 p.m to 10.00 p.m. Subsequent to the same, in order to conduct a cultural programme on 12.04.2023 at 07.00 p.m to 10.00 p.m, they sought permission of the police by giving a representation dated 06.04.2023. 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 06.04.2023 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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