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2023 Supreme(Mad) 1249

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
C. Manickam – Appellant
Versus
The Deputy Superintendent of Police, Theni & Another – Respondents
W.P(MD)No. 4644 of 2023
Decided On : 06-03-2023

Advocates appeared:
For the Petitioner:J. Krishnakumar, Advocate. For the Respondents:R. Suresh Kumar, Government Advocate (Crl.Side).

The court's decision was influenced by the circular and guidelines issued by the Director General of Police, which directed the respondent police to consider the petitioner's representation for permission to conduct the cultural program.

Headnote:

Writ Petition - Cultural Program Permission - The court directed the respondent police to consider the representation of the petitioner and pass suitable orders based on the circular and guidelines issued by the Director General of Police.

Fact of the Case:

The petitioner sought a Writ of Mandamus to direct the respondent to grant permission for a cultural program in connection with a temple festival, as the representation for permission had not been considered by the police.

Finding of the Court:

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

Issues: Failure of the respondent police to consider the petitioner's representation for permission to conduct a cultural program in connection with a temple festival.

Ratio Decidendi: The court relied on the circular and guidelines issued by the Director General of Police, directing the respondent police to consider the petitioner's representation and pass suitable orders.

Final Decision: The writ petition was disposed of with the direction for the respondent police to consider the petitioner's representation and pass suitable orders 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 2nd Respondent to grant permission and necessary protection to perform the cultural program i.e., “Aadal Padal” on 09.03.2023 at 07.00 p.m to 10.00 p.m in connection with “ Vadakathi Mariamman Kovil Thiru Vizha”, Karuppasamy Kovil Street, Upparpatty, Theni.)

1. This 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 “Aadal Padal” Programme 09.03.2023 at 07.00 p.m to 10.00 p.m in connection with “ Vadakathi Mariamman Kovil Thiru Vizha”, Karuppasamy Kovil Street, Upparpatty, Theni.

2. The learned Government Advocate (Crl. Side) 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 petitioner submitted that temple Festival for the temple, by name, “ Vadakathi Mariamman Kovil Thiru Vizha”, Karuppasamy Kovil Street, Upparpatty, Theni, is going to be held on 09.03.2023. Subsequent to the same, in order to conduct a cultural programme, 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 petitioner has come before this Court for the above said relief.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that the second respondent has received the representation of the petitioner and the same is pending for consideration.

5. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent police.

6. 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 respondent police is hereby directed to consider the representation of the petitioner, dated 28.02.2023 and pass suitable orders based on the above said circular, immediately.

7. With the above direction, this writ petition is disposed of. No cost.

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