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2023 Supreme(Mad) 1697

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
V. Balasubramaniam – Appellant
Versus
The Superintendent of Police, Karur & Another – Respondents
W.P (MD) No. 9499 of 2023
Decided On : 24-04-2023

Advocates appeared:
For the Petitioner:K. Sridhar, Advocate. For the Respondents:R. Suresh Kumar, Government Advocate(Crl. Side).

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 respondent to consider the representation of the writ petitioner.

Headnote:

Writ Petition - Permission for Cultural Programme - The court directed the respondent to consider the representation of the writ petitioner for permission to conduct a cultural programme 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 to grant permission for a cultural programme at a temple, as the police had not considered their representation for the same.

Finding of the Court:

The court directed the 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, non-consideration of representation by police.

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

Final Decision: The Writ Petition stands disposed of with the direction to the respondent to consider the representation of the writ petitioner.

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 to perform the programe of Adal Padal programe on 26.04.2023 night at about 06.00 p.m to 11.00 p.m at Pavithram Village, Kurumbapatti, Arulmigu sri Mariamman Temple, Pugalur Taluk, Karur District and to provide adequate police protection based on petitioner representation dated 18.04.2023.)

1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents to grant permission to perform the programe of Adal Padal programe on 26.04.2023 night at about 06.00 p.m to 11.00 p.m at Pavithram Village, Kurumbapatti, Arulmigu sri Mariamman Temple, Pugalur Taluk, Karur District and to provide adequate police protection based on petitioner representation dated 18.04.2023.

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 Mariamman Temple” Pavithram Village, Kurumbapatti, Pugalur Taluk, Karur District, is going to be held on 26.04.2023 at about 06.00 p.m to 11.00 p.m. Subsequent to the same, in order to conduct a cultural programme on 26.04.2023 at about 06.00 p.m to 11.00 p.m, they sought permission of the police by giving a representation dated 18.04.2023. 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 18.04.2023 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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