2023 Supreme(Mad) 1690
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
R. Rajasekaran – Appellant
Versus
The Deputy Superintendent of Police, Thanjavur & Another – Respondents
W.P (MD) No. 9542 of 2023
Decided On : 24-04-2023
For the Petitioner:R. Rajaraman, Advocate. For the Respondents:R. Suresh Kumar, Government Advocate(Crl. Side).
Compliance with circular and guidelines issued by the Director General of Police for consideration of applications seeking permission for conducting programmes.
Headnote:
Writ Petition - Permission for Cultural Programme - The court directed the petitioner to give a fresh representation incorporating the time of the cultural programme before the second respondent, and the second respondent was directed to consider the same and pass orders on merits and in accordance with law immediately based on the circular and guidelines issued by the Director General of Police.
Fact of the Case:
The petitioner sought permission to conduct a drama in connection with a car festival at a temple, but the permission was rejected by the respondent police. The petitioner filed a Writ Petition seeking to quash the rejection order and direct the respondents to permit the cultural programme.
Finding of the Court:
The court directed the petitioner to give a fresh representation incorporating the time of the cultural programme before the second respondent, and the second respondent was directed to consider the same and pass orders on merits and in accordance with law immediately based on the circular and guidelines issued by the Director General of Police.
Issues: Permission for conducting a cultural programme, rejection of permission by the respondent police, and the petitioner's request for quashing the rejection order and directing the respondents to permit the cultural programme.
Ratio Decidendi: The court relied on the circular and guidelines issued by the Director General of Police, Tamil Nadu, for consideration of applications seeking permission for conducting programmes. The court directed the petitioner to comply with the circular and guidelines and submit a fresh representation incorporating the time of the cultural programme.
Final Decision: The Writ Petition was disposed of with the direction for the petitioner to give a fresh representation incorporating the time of the cultural programme before the second respondent, and for the second respondent to consider the same and pass orders on merits and in accordance with law immediately based on the circular and guidelines issued by the Director General of Police. No costs were awarded, and the connected miscellaneous petition was closed.
JUDGMENT
(Prayr: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned rejection order Na.Ka.No.12/Tha.Voo.Vu.Ko/2023 dated 18.04.2023 passed by the first respondent and quash the same and consequently direct the respondents to permit the petitioner to conduct “Sathiyasothanai @ Sampoorna Harichandra” Drama scheduled to be held on 26.04.2023 and 27.04.2023 in connection with “Car Festival” in Arulmigu Sri Ayyanar, Sri Vadivulla Amman, Sri Vaduganathar and Sri Madurai Veeran Temple at Mathur West Village, Thanjavur District. )
1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned rejection order Na.Ka.No.12/Tha.Voo.Vu.Ko/2023 dated 18.04.2023 passed by the first respondent and quash the same and consequently direct the respondents to permit the petitioner to conduct “Sathiyasothanai @ Sampoorna Harichandra” Drama scheduled to be held on 26.04.2023 and 27.04.2023 in connection with “Car Festival” in Arulmigu Sri Ayyanar, Sri Vadivulla Amman, Sri Vaduganathar and Sri Madurai Veeran Temple at Mathur West Village, Thanjavur District.
2. Mr.R.Suresh Kumar, 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 Government Advocate(Crl. Side) appearing for the respondent police submitted that in order to conduct the above said drama on 26.04.2023 and 27.04.2023, at near Mathur West Village, Thanjavur District, the writ petitioner has sent a representation dated 11.04.2023 to the second respondent and the second respondent has passed the impugned order rejecting the writ petitioner''s representation stating the time that may be fixed for the above said program. He further submitted that the respondent police is ready to consider the petitioner''s representation, if the petitioner gave a fresh representation by incorporating time for the drama.
4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to give a fresh representation before the concerned respondent police by incorporating time.
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 programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to give a fresh representation incorporating the time of the above said drama before the second respondent and on such representation, the second respondent is hereby directed to consider the same and pass orders on merits and in accordance with law immediately based on the above said circular and the time for conducting the cultural programme may be fixed by the concerned authority, depending upon the situation in the locality.
7. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.