The central legal point established in the judgment is the authority of the circular memorandum in allowing the petitioner to proceed with the cultural programme if permission was not granted within 7 days.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondent to grant permission and police protection to conduct the cultural event viz., Adal Padal (Song and Dance) program to be held on 08.06.2023 at 06.00 pm onwards in connection with the Temple Festival of Arulmigu Sri Mariamman Temple, Sowdekuppam Village, Thirupathur Taluk, Thirupathur District by considering the petitioner-s representation dated 02.06.2023.)

The Writ Petition has been filed for directing the respondent to grant permission and police protection to conduct Cultural Programme (Adal Padal Nigalchi) in the event of Arulmigu Sri Mariamman Temple, Sowdekuppam Village, Thirupathur Taluk, Thirupathur District on 08.06.2023 from 06.00PM onwards, by considering the petitioners representation dated 02.06.2023.

2. The learned counsel appearing for the petitioner submitted that in order to conduct the cultural programme in the event of Arulmigu Sri Mariamman Temple, Sowdekuppam Village, Thirupathur Taluk, Thirupathur District on 08.06.2023 from 6 PM onwards, the petitioner has sent a representation dated 02.06.2023 to the respondent. But, the same has not been considered so far. Hence, the present writ petition has been filed.

3. The learned Government Advocate (Crl.side) appearing for the respondent submitted that the respondent police has received the representation of the petitioner and the same is pending for consideration.

4. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent police.

5. 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.03316/General.I(1)/2023, dated 01.06.2023, along with instructions to the Superintendents of Police in Districts and their subordinate officers throughout Tamil Nadu for granting permission for conducting cultural programme. As per this circular and guidelines issued by the Director General of Police, the concerned Police officer has to either grant or reject the permission sought, for conducting Aadal Paadal programme and Karakattam programme during temple festival within 7 days from the date of receipt of representation. If permission is not granted within a period of 7 days from the date of receipt of petitioner-s representation, it is deemed that permission is granted on the 8th day and petitioner can proceed with the celebration of Aadal Paadal programme and Karakattam programme during the temple festival, subject to, following the conditions laid down in the Circular Memorandum.

6. For an easy understanding, relevant portion of Circular is extracted hereunder,

“... 2)The Hon’ble High Court of Madras in W.P.No.(MD).No.12535/2023 dated 24.05.2023 have issued the following directions to all the Superintendents of Police in Districts and their subordinate officers for granting permission for “Aadal Paadal Programme and Karakattam Programme”

a) On the seventh day from the date of the receipt of the representation, for the conduct of the cultural program (Aadal Paadal), associated with any temple festival, if the authorities do not take steps either to grant permission or reject permission, there shall be a deemed permission on the eighth day;

(b) On such deemed permission, the organizers, who shall be the responsible members of the festival committee, shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted;

(c) The program shall not extend beyond 10 p.m.;

(d) No women participating in the cultural program would be depicted or portrayed in an obscene or undignified manner either