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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
P. Magudapathi – Appellant
Versus
The Superintendent of Police, Sivagangai & Another – Respondents
W.P(MD)No. 4620 of 2023
Decided On : 03-03-2023
Mandamus - Cultural Programme Permission - The court directed the police to consider the representation for conducting a cultural program 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 respondents to grant permission for a cultural program, which was pending consideration by the police.
Finding of the Court:
The court directed the 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.
Issues: Permission for conducting a cultural program, 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 conducting the cultural program.
Final Decision: The writ petition was disposed of with the direction for the police to consider the representation and pass suitable orders.
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 “Adal Padal” programme on 05.03.2023 at 07.00 pm to 10.00 pm in connection with Thiru Vizha of 23rd year Thanthai Periyar Memorial Vizha at Periyar Samathuvapuram, Paiyur Pillaivayal, Sivagangai,Sivagangai District.)
1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the respondents to grant permission and necessary protection to conduct “Adal Padal” programme on 05.03.2023 at 07.00 pm to 10.00 pm in connection with Thiru Vizha of 23rd year Thanthai Periyar Memorial Vizha at Periyar Samathuvapuram, Paiyur Pillaivayal, Sivagangai, Sivagangai 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 of 23rd year Thanthai Periyar Memorial Vizha at Periyar Samathuvapuram, Paiyur Pillaivayal, Sivagangai, Sivagangai District, is going to be held on 05.03.2023. Subsequent to the same, in order conduct Adal Padal programme on 05.03.2023 at 07.00 pm to 10.00 pm, they sought permission of the police by giving a representation dated 22.02.2023. 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.
5. I have considered the submission of the learned counsel appearing for the writ 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 22.02.2023 and pass suitable orders based on the above said circular.
7. With the above direction, this writ petition is disposed of. No costs.
The court can issue a Writ of Mandamus to direct authorities to consider representations for conducting cultural programs 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 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 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.
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'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 writ petitioner's representa....
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 respondents to consider the representation of the....
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'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 can issue a Writ of Mandamus to direct the consideration of representations for conducting cultural programmes based on relevant circulars and guidelines.
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