BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
D. Balasubramanian – Appellant
Versus
The Deputy Superintendent of Police, Vallam Office of Deputy Superintendent of Police, Thanjavur & Another – Respondents
W.P(MD)No. 4628 of 2023
Decided On : 03-03-2023
Mandamus - Permission for Cultural Programme - The court directed the petitioner to file an undertaking affidavit incorporating the date and time of the cultural programme before the police, and upon filing, the police were directed to consider the representation and pass suitable orders based on the circular memorandum issued by the Director General of Police.
Fact of the Case:
The petitioner sought a Writ of Mandamus to direct the respondents to grant permission for a cultural programme at a temple, as the police had not considered their representation for the same.
Finding of the Court:
The court directed the petitioner to file an undertaking affidavit with the date and time of the cultural programme before the police, and upon filing, the police were directed to consider the representation and pass suitable orders based on the circular memorandum issued by the Director General of Police.
Issues: Permission for cultural programme, consideration of representation by police
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 programmes.
Final Decision: The writ petition was disposed of with the direction for the petitioner to file an undertaking affidavit, and for the police to consider the representation and pass suitable orders based on the circular memorandum.
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 to perform the Adal Padal programme on 06.03.2023 night at about 06.00 pm to 11.00 Kaasavalanadu, Kollangarai, Suriyampatti Village, Arulmigu Sri Villaye Amman Temple, Thanjavur District and to provide adequate police protection based on the petitioner''s representation, dated 28.02.2023.)
1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the respondents to grant permission to perform the Adal Padal programme on 06.03.2023 night at abou 06.00 pm to 11.00 pm at Kaasavalanadu, Kollangarai, Suriyampatt Village, Arulmigu Sri Villaye Amman Temple, Thanjavur District and to provide adequate police protection based on the petitioner''s representation, dated 28.02.2023.
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 “Thiru Vizha” of Arulmigu Sri Villaye Amman Temple, Kaasavalanadu, Kollangarai, Suriyampatti Village, Thanjavur District , is going to be held on 06.03.2023. Subsequent to the same, in order to conduct Adal Padal dance programme on 06.03.2023 at 06.00 pm to 11.00 pm, they sought permission of the police by giving a representation dated 28.02.2023. 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 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 police and on such filing, the second respondent police is hereby directed to consider the representation of the writ petitioner, dated 28.02.2023 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 circular memorandum issued by the Director General of Police, providing guidelines for consideration of applications seeking permission for conducting cultu....
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 second respondent 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 parties involved.
The court emphasized the importance of considering representations for cultural programmes in accordance with the 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, which formed the basis for directing the consideration of the representation for permissio....
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 second respondent 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 second respondent to consider the representation ....
The court emphasized the importance of following the guidelines and circular memorandum issued by the Director General of Police for consideration of applications seeking permission for conducting cu....
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 for conduct....
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.
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