HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice K.MURALI SHANKAR
Thangapandi – Appellant
Versus
The District Superintendent – Respondent
WP(MD)/1132/2023
W.P(MD)No.1132 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.01.2023
CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.P(MD)No.1132 of 2023
Thangapandi
... Petitioner
Vs.
1.The District Superintendent of Police,
O/o. the District Superintendent of Police,
Tirunelveli District,
Tirunelveli.
2.The Inspector of Police,
Thevarkulam Police Station,
Tirunelveli District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
second respondent to grant permission to conduct 'mUs;kpF =
ntapyhl;rpak;kd;> fhspak;kd; kw;Wk; khhpak;kd; jpUf;Nfhtpy;”at
Vellapaneri Village, Tirunelveli District function from 24.01.2023 to
25.01.2023 followed by cultural events including the dance programme
(Adal Padal) schedule to be at 08.00 p.m. on 24.01.2023 by considering
the petitioner's representation dated 05.01.2023.
For Petitioner : Mr.S.Saravanan
For Respondents : Mr.E.Antony Sahaya Prabahar
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W.P(MD)No.1132 of 2023
Additional Public Prosecutor
O R D E R
The writ petitioner filed this Writ Petition seeking for issuance of a
Writ of Mandamus directing the second respondent to grant permission
to conduct 'mUs;kpF = ntapyhl;rpak;kd;> fhspak;kd; kw;Wk;
khhpak;kd; jpUf;Nfhtpy;”at Vellapaneri Village, Tirunelveli District
function from 24.01.2023 to 25.01.2023 followed by cultural events
including the dance programme (Adal Padal) schedule to be at 08.00 p.m.
on 24.01.2023 by considering the petitioner's representation dated
05.01.2023.
2. Mr.E.Antony Sahaya Prabahar, learned Additional Public
Prosecutor 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, “mUs;kpF = ntapyhl;rpak;kd;>
fhspak;kd; kw;Wk; khhpak;kd; jpUf;Nfhtpy;” situated at Vellapaneri
Village, Tirunelveli District, is going to be held from 24.01.2023 to
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W.P(MD)No.1132 of 2023
25.01.2023. Subsequent to the same, in order to conduct a cultural
programme on 24.01.2023, they sought permission of the police by
giving a representation dated 05.01.2023. But, the respondents have 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 Additional Public Prosecutor appearing for the
respondents would submit that the respondents have received the
representation of the writ petitioner and the same is pending for
consideration. He would further submit that they may be permitted to
conduct the programme on 24.01.2023 from 07.00 p.m. to 10.00 p.m.
5. At this juncture, the learned counsel appearing for the writ
petitioner would submit that they are ready to conduct the programme as
stated by the learned Additional Public Prosecutor.
6. I have considered the submission of the learned counsel
appearing for the writ petitioner and the learned Additional Public
Prosecutor appearing for the respondents.
7. It is brought to the notice of this Court that the Director General
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W.P(MD)No.1132 of 2023
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 writ petitioner is directed to file an
undertaking affidavit incorporating the date and time of the cultural
programme before the second respondent and on such filing, the