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2023 Supreme(Mad) 1204

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
A. Ganesan – Appellant
Versus
The Superintendent of Police, Pudukkottai & Another – Respondents
W.P(MD)No. 4354 of 2023
Decided On : 02-03-2023

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

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.

Headnote:

Writ Petition - Permission for Cultural Programme - The court directed the writ petitioner to file an undertaking affidavit incorporating the date and time of the cultural programme before the second respondent and directed the second respondent to consider the representation of the writ petitioner and pass suitable orders based on the circular issued by the Director General of Police.

Fact of the Case:

The writ petitioner sought permission and necessary protection to conduct a cultural programme in connection with a temple festival. The second respondent had not considered the representation of the writ petitioner, leading to the filing of the writ petition.

Finding of the Court:

The court directed the writ petitioner to file an undertaking affidavit and directed the second respondent to consider the representation of the writ petitioner and pass suitable orders based on the circular issued by the Director General of Police.

Issues: Permission for conducting a cultural programme, 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 writ petitioner to file an undertaking affidavit and the second respondent to consider the representation and pass suitable orders.

Final Decision: The writ petition stands disposed of with the direction for the writ petitioner to file an undertaking affidavit and the second respondent to consider the representation 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 respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 13.03.2023 at 06.00 p.m. to 11.00 p.m. in connection with Thiru Vizha of Arulmigu Sri Rathi Manmathan Swamy Thirukovil at A.Chettipatti Village, Thirumayam Taluk, Pudukkottai District.)

1. The writ petitioner filed this Writ Petition seeking for issuance of Writ of Mandamus directing the respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 13.03.2023 at 06.00 p.m. to 11.00 p.m. in connection with Thiru Vizha of Arulmigu Sri Rathi Manmathan Swamy Thirukovil at A.Chettipatti Village, Thirumayam Taluk, Pudukkottai 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 for the temple, by name, “Arulmigu Sri Rathi Manmathan Swamy Thirukovil” situated at A.Chettipatti Village, Thirumayam Taluk, Pudukkottai District, is going to be held on 13.03.2023. Subsequent to the same, in order to conduct a cultural programme on 13.03.2023, they sought permission of the police by giving a representation dated 21.02.2023. But, the second respondent had 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 13.03.2023 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 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.

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