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2023 Supreme(Mad) 1341

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
T. Paramasivam – Appellant
Versus
The Deputy Superintendent of Police, Pudukottai & Another – Respondents
W.P (MD) No. 4981 of 2023
Decided On : 08-03-2023

Advocates appeared:
For the Petitioner:J. Krishna Kumar, Advocate. For the Respondents: B. Nambiselvan, 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 second respondent to consider the representation of the writ petitioner.

Headnote:

Mandamus - Cultural Programme Permission - The court directed the second respondent to consider the representation of the writ petitioner based on the circular and guidelines issued by the Director General of Police.

Fact of the Case:

The writ petitioner sought a Writ of Mandamus directing the 2nd respondent to grant permission and necessary protection to perform a cultural programme on a specific date and location, as the representation for permission had not been considered.

Finding of the Court:

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

Issues: Permission for cultural programme, consideration of representation by the second respondent.

Ratio Decidendi: The court relied on the circular memorandum and guidelines issued by the Director General of Police to direct the second respondent to consider the representation of the writ petitioner.

Final Decision: The writ petition stands disposed of with the direction to the second respondent 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 2nd respondent to grant permission and necessary protection to perform the cultural programme (i.e.,) Adal Padal on 11.03.2023 at 07.00 p.m. to 10.00 p.m., in the evening of “Surulikoil Thiruvizha”, Surulikoil Street, Vadugapatti, Kulathur Taluk, Uppiliyakkudi, Valamangalam, Pudukottai District, consider the petitioner''s representation, dated 03.03.2023.)

1.The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the 2nd respondent to grant permission and necessary protection to perform the cultural programme (i.e.,) Adal Padal on 11.03.2023 at 07.00 p.m. to 10.00 p.m., in the evening of “Surulikoil Thiruvizha”, Surulikoil Street, Vadugapatti, Kulathur Taluk, Uppiliyakkudi, Valamangalam, Pudukottai District, consider the petitioner''s representation, dated 03.03.2023.

2.Mr.B.Nambiselvan, 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 “Surulikoil Thiruvizha”, Surulikoil Street, Vadugapatti, Kulathur Taluk, Uppiliyakkudi, Valamangalam, Pudukottai District, is going to be held on 11.03.2023. Subsequent to the same, in order to conduct a cultural programme on 11.03.2023, they sought permission of the Police by giving a representation dated 03.03.2023. 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 he has no objection for granting permission to conduct a cultural programme subject to time restriction in between 07.00 p.m to 10.00 p.m. on 11.03.2023, and also submitted 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 is hereby directed to consider the representation of the writ petitioner, dated 03.03.2023 and pass suitable orders based on the above said circular, in the light of the above submission made by the learned Additional Public Prosecutor.

7. With the above direction, this writ petition stands disposed of. No costs.

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