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2023 Supreme(Mad) 1421

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
R. Anandhakumar – Appellant
Versus
The Superintendent of Police, Madurai & Others – Respondents
W.P(MD)No. 5605 of 2023
Decided On : 16-03-2023

Advocates appeared:
For the Petitioner:S. Ramsundarvijayraj, 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 respondent to consider the petitioner's representation for permission.

Headnote:

Writ Petition - Cultural Programme Permission - The court directed the 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 petitioner sought a Writ of Mandamus to permit the conduct of a cultural programme at a temple, which was scheduled on a specific date. The respondent had not considered the petitioner's representation for permission.

Finding of the Court:

The court directed the respondent 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 conducting a cultural programme at a temple.

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

Final Decision: The writ petition stands disposed of with the direction to the respondent to consider the petitioner's 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 1 to 3 to permit the petitioner to conduct the Adal Padal event, which is scheduled on 24.03.2023 in Arulmigu Vadakkuvachi Amman and Arulmigu Muthalamman Temple situated at Vilampatti, Usilampatti Taluk of Madurai District.)

1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents 1 to 3 to permit the petitioner to conduct the Adal Padal event, which is scheduled on 24.03.2023 in Arulmigu Vadakkuvachi Amman and Arulmigu Muthalamman Temple situated at Vilampatti, Usilampatti Taluk of Madurai District.

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 Vadakkuvachi Amman and Arulmigu Muthalamman Temple situated at Vilampatti, Usilampatti Taluk of Madurai District”, is going to be held on 24.03.2023. Subsequent to the same, in order to conduct a cultural programme on 24.03.2023, they sought permission of the Police by giving a representation dated 08.03.2023. But, the third 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 24.03.2023, and also submitted that the third 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 third respondent is hereby directed to consider the representation of the writ petitioner, dated 08.03.2023 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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