Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 1670

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
M. Paramasivam – Appellant
Versus
The Superintendent of Police, Madurai & Another – Respondents
W.P (MD) No. 8932 of 2023
Decided On : 19-04-2023

Advocates appeared:
For the Petitioner:V. Manikandan, Advocate. For the Respondents:R. Sureshkumar Government Advocate (Crl. Side).

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 respondents to grant permission and necessary protection to conduct a cultural dance programme in connection with a temple festival. The second respondent had not considered the representation of the writ petitioner, leading to the filing of the writ petition.
Finding of the Court:

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, and disposed of the Writ Petition with the above direction.
Issues: Permission for conducting a cultural programme, non-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, directing the second respondent to consider the representation of the writ petitioner for conducting the cultural programme.
Final Decision: The Writ Petition stands disposed of with the direction to the second respondent to consider the representation of the writ petitioner and pass suitable orders based on the circular and guidelines.

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 herein to grant permission and necessary protection to conduct the Adal Padal dance Programme on 19.04.2023 at 6.00 pm to 11.00 pm in connection with Panguni Pongal Thiru Vizha of Arulmigu Sri Vadakuvaselvi Amman and Sri Muniyandi Swamy Thirukovil at Karayipatti Village, Melur Taluk, Madurai District.)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents herein to grant permission and necessary protection to conduct the Adal Padal dance Programme on 19.04.2023 at 6.00 pm to 11.00 pm in connection with Panguni Pongal Thiru Vizha of Arulmigu Sri Vadakuvaselvi Amman and Sri Muniyandi Swamy Thirukovil at Karayipatti Village, Melur Taluk, Madurai District.

2. Mr.R. Sureshkumar, learned Government Advocate (Crl. Side) 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 Vadakuvaselvi Amman and Sri Muniyandi Swamy Thirukovil at Karayipatti Village, Melur Taluk, Madurai District, is going to be held on 19.04.2023. Subsequent to the same, in order to conduct a cultural programme on 19.04.2023 at about 6.00 pm to 11.00 pm, they sought permission of the police by giving a representation, dated 05.04.2023. 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 Government Advocate (Crl. Side) 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 Government Advocate (Crl. Side) 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 05.04.2023 and pass suitable orders based on the above said circular.

7. With the above direction, this Writ Petition stands disposed of. No costs.

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