BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
A. Baskar – Appellant
Versus
The Superintendent of Police, Tenkasi & Another – Respondents
W.P (MD)No. 4398 of 2023
Decided On : 02-03-2023
Writ Petition - 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 second respondent and directed the second respondent to consider the representation 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 respondents to grant permission and necessary protection to conduct a cultural programme in connection with a temple festival. The respondents had not considered the petitioner's representation for permission.
Finding of the Court:
The court directed the petitioner to file an undertaking affidavit and directed the second respondent to consider the representation and pass suitable orders based on the circular issued by the Director General of Police.
Issues: Permission for conducting a cultural programme, non-consideration of petitioner's representation by the second respondent.
Ratio Decidendi: The court relied on the circular and guidelines issued by the Director General of Police for consideration of applications seeking permission for conducting cultural programmes.
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 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 06.04.2023 at 08.00 p.m. to 11.00 p.m. in connection with “Thiru Vizha” of Arulmigu Sri Poomari Amman Karuppasamy Thirukovil, Thirikoodapuram, Mathalamparai, Tenkasi Taluk, Tenkasi District.)
1. The 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 “Adal Padal” programme on 06.04.2023 at 08.00 p.m. to 11.00 p.m. in connection with “Thiru Vizha” of Arulmigu Sri Poomari Amman Karuppasamy Thirukovil, Thirikoodapuram, Mathalamparai, Tenkasi Taluk, Tenkasi 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 festival for the temple, by name, “Arulmigu Sri Poomari Amman Karuppasamy Thirukovil” situated at Thirikoodapuram, Mathalamparai, Tenkasi Taluk, Tenkasi District, is going to be held on 06.04.2023. Subsequent to the same, in order to conduct a cultural programme on 06.04.2023, they sought permission of the police by giving a representation dated 23.02.2023. 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 23.02.2023 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 program me. 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 23.02.2023 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 and guidelines issued by the Director General of Police for consideration of applications seeking permission for conducting cultural programmes.
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 consideration of the writ petitioner's....
The court emphasized the importance of considering representations for conducting cultural programmes in connection with temple festivals, in accordance with the circular and guidelines issued by the....
The court can issue a Writ of Mandamus to direct the consideration of representations for conducting cultural programmes based on relevant circulars and guidelines.
The court's decision was influenced by the circular and guidelines issued by the Director General of Police for consideration of applications seeking permission for conducting cultural programmes.
The court's decision was influenced by the circular and guidelines issued by the Director General of Police, which directed the second respondent to consider the representation of the writ petitioner....
The court can issue a Writ of Mandamus to direct the consideration and grant of permission for a cultural programme based on relevant circulars and guidelines.
The court's decision was influenced by the circular and guidelines issued by the Director General of Police, which provided the framework for considering applications seeking permission for conductin....
The court's decision was influenced by the circular and guidelines issued by the Director General of Police, which provided the framework for considering applications for conducting cultural programm....
The court emphasized the importance of considering representations for conducting cultural programmes in connection with temple festivals, in accordance with the circular and guidelines issued by the....
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