BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
R. Urumaiya – Appellant
Versus
The Deputy Superintendent of Police, Pudukkottai & Another – Respondents
W.P(MD)No. 13409 of 2023
Decided On : 08-06-2023
Cultural Program - Permission for Adal Padal - The court directed the petitioner to give a fresh representation to the police, incorporating an alternative place for conducting the cultural program, and ordered the police to consider the representation in accordance with relevant legal provisions and circulars.
Fact of the Case:
The writ petitioner sought permission to conduct a cultural program, Adal Padal, as part of a temple festival. The police had rejected the representation, citing potential law and order issues.
Finding of the Court:
The court directed the petitioner to submit a fresh representation to the police, incorporating an alternative place for the cultural program, and ordered the police to consider the representation in accordance with relevant legal provisions and circulars.
Issues: Permission for cultural program, law and order concerns
Ratio Decidendi: The court relied on the order of the Hon'ble Division Bench and the circular of the Director General of Police, Tamil Nadu, in directing the petitioner to submit a fresh representation and the police to consider it.
Final Decision: The rejection order by the second respondent was set aside, and the writ petition was disposed of with directions to the petitioner and the police.
JUDGMENT
(Prayer: 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 pertaining to the impugned order passed by the second respondent dated 06.06.2023 and quash the same and direct the second respondent to grant permission and necessary protection to perform the cultural program (i.e) Adal Padal on 10.06.2023 at 07.00 p.m to 10.00 p.m in the evening of “Urchava Thiruvizha” at Arulmigu Sri Pidariamman Thirukovil at Perungalur Village, Pudukkottai District.)
1. This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent dated 06.06.2023 and quash the same and direct the second respondent to grant permission and necessary protection to perform the cultural program (i.e) Adal Padal on 10.06.2023 at 07.00 p.m to 10.00 p.m in the evening of “Urchava Thiruvizha” at Arulmigu Sri Pidariamman Thirukovil at Perungalur Village, Pudukkottai District.
2. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side) takes notice for the respondents.
3. Heard both sides.
4. The learned counsel appearing for the writ petitioner submitted that festival for the temple, by name, “Arulmigu Sri Pidariamman Thirukovil'''' at Perungalur Village, Pudukkottai District is going to be held on 10.06.2023. Subsequent to the same, in order to conduct a cultural programme on 10.06.2023, they sought permission of the police by giving a representation. But, the second respondent has considered and rejected the said representation. Challenging the same, the writ petitioner has come before this Court for the above said relief.
5. Perusal of impugned order shows that if the Adal and Padal is conducted in the said village, it will create a law and order problem.
6. The learned Government Advocate(Crl.Side) appearing for the respondent police submitted that the respondent police is ready to consider the petitioner''s representation, if the petitioner give a fresh representation by incorporating alternative place for conducting cultural programme.
7. 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 place.
8. The petitioner is hereby directed to give fresh representation to the second respondent by incorporating place and on such representation, the second respondent is hereby directed to consider the same and pass orders immediately following the order following the order of the Hon''ble Division Bench of this Court passed in the case of C.Sathasivam Vs. The Superintendent of Police, Trichy District and another, in W.P.(MD).No.12535 of 2023, dated 24.05.2023 and in the light of the circular of the Director General of Police, Tamil Nadu, Chennai in Rc.007301/Genl.I (1)/2019 dated 09.04.2019.
9. With the above said directions, this writ petition stands disposed of and the rejection order that has been passed by the second respondent dated 06.06.2023 is hereby set aside.
The court emphasized the importance of following relevant legal provisions and circulars in considering permissions for cultural programs to ensure law and order.
The court can issue a Writ of Mandamus to direct the consideration of representations for permission based on relevant circulars and guidelines.
The court's decision was influenced by the circular and guidelines issued by the Director General of Police, which provided the framework for considering applications seeking permission for conductin....
The court can issue a Writ of Mandamus to direct authorities to consider representations for permission based on relevant circulars and guidelines.
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 second respondent to consider the representation ....
The court's decision was influenced by the circular memorandum issued by the Director General of Police, Tamil Nadu, providing guidelines for consideration of applications seeking permission for cond....
The court emphasized the importance of considering representations for conducting cultural programmes in connection with temple festivals, in accordance with the circular and guidelines issued by the....
The court's decision was influenced by the circular and guidelines issued by the Director General of Police, which directed the second respondent to consider the representation of the writ petitioner....
The court's decision was influenced by the circular and guidelines issued by the Director General of Police for consideration of applications seeking permission for conducting cultural programmes.
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