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2023 Supreme(Mad) 1412

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
Muthu – Appellant
Versus
The Superintendent of Police, Pudukkottai – Respondent
W.P(MD)No. 5558 of 2023
Decided On : 16-03-2023

Advocates appeared:
For the Petitioner:E. Balasubramanian, Advocate. For the Respondents: B. Nambiselvan, Additional Public Prosecutor.

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 of the writ petitioner.

Headnote:

Writ Petition - Cultural Event Permission - The court directed the respondents 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.

Fact of the Case:

The writ petitioner sought a Writ of Mandamus directing the respondents to grant permission and protection for a cultural event, but the second respondent had not considered the representation, leading to the petition.

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 event, consideration of representation by the second respondent.

Ratio Decidendi: The court relied on the circular 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 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 respondents to grant permission and protection for cultural event namely Adal Padal scheduled to be held on 20.03.2023 at infront of Thiruvappur Kattu Mariamman Kovil at about 07.00 PM to 12.00 PM in connection with Panguni Thiruvizha in the month of Panguni in Arulmigu Sri Muthumariamman Temple at Thiruvappur Village, Pudukkottai Taluk, Pudukkotai District by 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 respondents to grant permission and protection for cultural event namely Adal Padal scheduled to be held on 20.03.2023 at infront of Thiruvappur Kattu Mariamman Kovil at about 07.00 PM to 12.00 PM in connection with Panguni Thiruvizha in the month of Panguni in Arulmigu Sri Muthumariamman Temple at Thiruvappur Village, Pudukkottai Taluk, Pudukkotai District, by 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 festival for the temple, by name, “Arulmigu Sri Muthumariamman Temple at Thiruvappur Village, Pudukkottai Taluk, Pudukkotai District”, is going to be held on 20.03.2023. Subsequent to the same, in order to conduct a cultural programme on 20.03.2023, 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 20.03.2023, 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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