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2023 Supreme(Mad) 1190

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
R. Sangilimuthu – Appellant
Versus
The Superintendent of Police, Trichy & Another – Respondents
W.P(MD)No. 4332 of 2023
Decided On : 02-03-2023

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

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

Headnote:

Writ Petition - Cultural Programs - The court directed the respondents to consider the representation of the writ petitioner and grant permission for conducting the cultural programs 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 directing the respondents to grant permission for conducting cultural programs at a temple. The respondents had not considered the petitioner's representation, leading to the filing of the writ petition.

Finding of the Court:

The court directed the respondents to consider the representation of the writ petitioner and grant permission for conducting the cultural programs based on the circular and guidelines issued by the Director General of Police.

Issues: Permission for conducting cultural programs at a temple.

Ratio Decidendi: The court relied on the circular memorandum issued by the Director General of Police, Tamil Nadu, providing guidelines for consideration of applications seeking permission for conducting cultural programs.

Final Decision: The writ petition stands disposed of with the direction for the respondents to consider the representation of the writ petitioner and grant permission for conducting the cultural programs 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 for conducting the cultural programs (Gramiyam) on 05.03.2023 and Thenmangu Palsuvai Nigalzhchigal on 06.03.2023 at Arulmigu Sri Aathilakshmi Sametha Sri Aathimoola Perumal Temple situated at Natham, Lalgudi Taluk, Trichy District by considering the petitioner''s representation dated 25.02.2023.)

1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to grant permission for conducting the cultural programs (Gramiyam) on 05.03.2023 and Thenmangu Palsuvai Nigalzhchigal on 06.03.2023 at Arulmigu Sri Aathilakshmi Sametha Sri Aathimoola Perumal Temple situated at Natham, Lalgudi Taluk, Trichy District by considering the petitioner''s representation dated 25.02.2023.

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 festival for the temple, by name, “Arulmigu Sri Aathilakshmi Sametha Sri Aathimoola Perumal Temple” situated at Natham, Lalgudi Taluk, Trichy District, is going to be held on 05.03.2023. Subsequent to the same, in order to conduct a cultural programmes on 05.03.2023 and 06.03.2023, they sought permission of the police by giving a representation dated 25.02.2023. But, the respondents have 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 respondents have 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 Gramiyam on 05.03.2023 from 07.00 p.m. to 10.00 p.m. and Thenmangu Palsuvai Nigalzhchigal on 06.03.2023 from 07.00 p.m. to 10.00 p.m.

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 and on such filing, the second respondent is hereby directed to consider the representation of the writ petitioner, dated 25.02.2023 and pass suitable orders based on the above said circular.

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

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