BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
B. Thirumeninathan – Appellant
Versus
The Deputy Superintendent of Police, Pudukottai & Another – Respondents
W.P(MD)No. 4393 of 2023
Decided On : 02-03-2023
Writ Petition - Cultural Program Permission - The court directed the petitioner to file an undertaking affidavit incorporating the date and time of the cultural program before the second respondent and directed the second respondent to consider the representation of the petitioner and pass suitable orders based on the circular issued by the Director General of Police.
Fact of the Case:
The petitioner sought a Writ of Mandamus directing the second respondent to grant permission and necessary protection to perform a cultural program on a specific date and time at a temple festival. The second respondent had not considered the petitioner's representation, leading to the filing of the writ petition.
Finding of the Court:
The court directed the petitioner to file an undertaking affidavit and directed the second respondent to consider the representation of the petitioner and pass suitable orders based on the circular issued by the Director General of Police.
Issues: Permission for conducting a cultural program at a temple festival.
Ratio Decidendi: The court relied on the circular memorandum issued by the Director General of Police, which provided guidelines for consideration of applications seeking permission for conducting cultural programs.
Final Decision: The writ petition stands disposed of with the direction for the petitioner to file an undertaking affidavit and for the second respondent to consider the representation of the petitioner and pass suitable orders based on the circular.
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 program (ie.,) Adal Padal on 03.03.2023 at 08.00 p.m. to 11.00 p.m. in the evening of Sri Rajaganapathy Alaya 13th year Masi Thiruvizha, Pallathanmanai, Kulanthiranpattu, Karambakkudi, Pudukottai District.)
1. The 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 program (ie.,) Adal Padal on 03.03.2023 at 08.00 p.m. to 11.00 p.m. in the evening of Sri Rajaganapathy Alaya 13th year Masi Thiruvizha, Pallathanmanai, Kulanthiranpattu, Karambakkudi, Pudukottai 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 13th year Masi Thiruvizha for the temple, by name, “Sri Rajaganapathy Alaya” situated at Pallathanmanai, Kulanthiranpattu, Karambakkudi, Pudukottai District, is going to be held on 03.03.2023. Subsequent to the same, in order to conduct a cultural programme on 03.03.2023, they sought permission of the police by giving a representation dated 27.02.2023. 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 programme on 03.03.2023 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 27.02.2023 and pass suitable orders based on the above said circular.
8. With the above direction, this writ petition stands disposed of. No costs.
The court's decision was influenced by the guidelines issued by the Director General of Police for consideration of applications seeking permission for conducting cultural programs.
The court can issue a Writ of Mandamus to direct the consideration of representations for permission based on relevant circulars and guidelines.
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 ....
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 police to consider the representation of the writ....
The court emphasized the importance of considering representations for conducting cultural programs in accordance with the guidelines issued by the Director General of Police.
Compliance with circular and guidelines issued by the Director General of Police for conducting cultural programmes.
The court can issue a Writ of Mandamus to direct authorities to consider representations for permission based on relevant circulars and guidelines.
The court emphasized the importance of following the circular and guidelines issued by the Director General of Police in considering applications for conducting cultural programmes.
The court emphasized the importance of considering representations for cultural programs in accordance with the circular and 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, Tamil Nadu, providing the framework for consideration of applications seeking permission f....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.