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2023 Supreme(Mad) 1253

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
P. Karthick – Appellant
Versus
The Deputy Superintendent of Police, The Inspector of Police Sivagangai & Another – Respondents
W.P (MD)No. 4681 of 2023
Decided On : 03-03-2023

Advocates appeared:
For the Petitioner:J. Krishna Kumar, Advocate. For The Respondents: E. Antony Sahaya Prabahar, Additional Public Prosecutor.

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 for permission to conduct the cultural programme.

Headnote:

Writ Petition - Cultural Programme Permission - The court directed the police to consider the representation for permission to conduct a cultural programme 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 second respondent to grant permission for a cultural programme, which was pending consideration by the police.

Finding of the Court:

The court directed the 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: Permission for cultural programme, non-consideration of representation by the police.

Ratio Decidendi: The court relied on the circular memorandum and guidelines issued by the Director General of Police to direct the police to consider the representation for permission to conduct the cultural programme.

Final Decision: The writ petition was disposed of with the direction for the police to consider the representation and pass suitable orders based on the circular and guidelines.

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 cultural programme i.e., “Adal Padal” on 06.03.2023 at 07.00 pm to 10.00 pm in the evening of “Sri Kalku Muneeswara Alaya Masi Kalari Kovil Thiruvizha” Ayyampatti, Ilayankudi, Salaikiramam, Sivagangai District, by considering the petitioner''s representation, dated 01.03.2023)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the second respondent to grant permission and necessary protection to perform cultural programme i.e., “Adal Padal” on 06.03.2023 at 07.00 pm to 10.00 pm in the evening of “Sri Kalku Muneeswara Alaya Masi Kalari Kovil Thiruvizha” Ayyampatti, Ilayankudi, Salaikiramam, Sivagangai District, by considering the petitioner''s representation, dated 01.03.2023.

2. The 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 petitioner submitted that “Thiru Vizha” of “Sri Kalku Muneeswara Alaya Masi Kalari Kovil” Ayyampatti, Ilayankudi, Salaikiramam, Sivagangai District, is going to be held on 06.03.2023. Subsequent to the same, in order to conduct adal padal programme on the same day (06.03.2023 at 07.00 pm to 10.00 pm), they sought permission of the police by giving a representation dated W.P(MD)No.4681 of 2023 01.03.2023. 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 Additional Public Prosecutor appearing for the respondents 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 Additional Public Prosecutor appearing for the respondents.

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 second respondent police is hereby directed to consider the representation of the petitioner, dated 01.03.2023 and pass suitable orders based on the above said circular.

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

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