SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Mad) 1176

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
M. Murugesan – Appellant
Versus
The Superintendent of Police, Trichy & Another – Respondents
W.P(MD)No. 4266 of 2023
Decided On : 01-03-2023

Advocates appeared:
For the Petitioner:V. Manikandan, Advocate. For the Respondents: E. Antony Sahaya Prabahar, Additional Public Prosecutor.

The court's decision was influenced by the circular memorandum and guidelines issued by the Director General of Police, which formed the basis for directing the police to consider the representation of the writ petitioner.

Headnote:

Writ Petition - Permission for Cultural Programme - Court directs police to consider representation based on circular memorandum and guidelines issued by Director General of Police

Fact of the Case:

The writ petitioner sought a Writ of Mandamus to direct the respondents to grant permission and necessary protection to conduct cultural programmes in connection with 'Thiru Vizha' of a temple.

Finding of the Court:

The court directed the police to consider the representation of the writ petitioner and pass suitable orders based on the circular memorandum and guidelines issued by the Director General of Police.

Issues: Permission for conducting cultural programmes, non-consideration of representation by the police.

Ratio Decidendi: The court relied on the circular memorandum and guidelines issued by the Director General of Police to direct the police to consider the representation of the writ petitioner.

Final Decision: The writ petition stands disposed of with the direction to the police to consider the representation and pass suitable orders based on the circular memorandum and guidelines.

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 05.03.2023 and 07.03.2023 and Innisai Padal Kacheri on 06.03.2023 at 06.00 pm to 11.00 pm in connection with “Thiru Vizha” of Arulmigu Sri Ellai Kaliamman Thirukovil at Edamalaippattipudur Village, Trichy Taluk, Trichy District.)

1. The 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 05.03.2023 and 07.03.2023 and Innisai Padal Kacheri on 06.03.2023 at 06.00 pm to 11.00 pm in connection with “Thiru Vizha” of Arulmigu Sri Ellai Kaliamman Thirukovil at Edamalaippattipudur Village, Trichy Taluk, Trichy District.

2. Mr.E.Antony Sahaya Prabahar, 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 “Thiru Vizha” of Arulmigu Sri Ellai Kaliamman Thirukovil at Edamalaippattipudur Village, Trichy Taluk, Trichy District, is going to be held on 05.03.2023. Subsequent to the same, in order to conduct the “Adal Padal” programme on 05.03.2023 and 07.03.2023 and Innisai Padal Kacheri on 06.03.2023 at 06.00 pm to 11.00 pm, they sought permission of the police by giving a representation dated 21.02.2023. 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 would further submit that they may be permitted to conduct the Adal Padal on 05.03.2023, from 07.00 p.m. to 10.00 p.m and Innisai Kacheri on 06.03.2023 from 07.00 pm to 10.00 pm.

5. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to conduct the programme as stated by the learned Additional Public Prosecutor.

6. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor 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 writ petitioner is directed to file an undertaking affidavit incorporating the date and time of the cultural programme before the second respondent police and on such filing, the second respondent police is hereby directed to consider the representation of the writ petitioner, dated 21.02.2023 and pass suitable orders based on the above said circular.

8. With the above direction, this writ petition stands disposed of. No costs.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top