S.Durairaj v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN S.Durairaj
...Petitioner
Vs.
The Inspector of Police, Samalpatti Police Station, Uthangarai Taluk, Krishnagiri District - 635 306.
...Respondent
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned proceeding dated 08.06.2023 from the file of the respondent, quash the same and further direct the respondent to consider the petitioner's representation dated 08.06.2023 for seeking police protection and to grant permission to conduct the cultural programme of Adal Padal on 14.06.2023 at 06.00 p.m. to 11.00 p.m. at "Sri Sella Muthu Mariamman Temple Festival" Kanjampathi Village, Samalpatti Post, Uthangarai Taluk, Krishnagiri District.
For Petitioner : Mr.G.Satheesh For Respondent : Mr.Leonard Arul Joshph Selvam Government Advocate (Crl.Side)
ORDER
The Writ Petition has been filed for calling for the entire records relating to the impugned proceeding dated 08.06.2023 from the file of the respondent, quash the same and further direct the respondent to consider the petitioner's representation dated 08.06.2023 for seeking police protection and to grant permission to conduct the cultural programme of Adal Padal on 14.06.2023 at 06.00 p.m. to 11.00 p.m. at "Sri Sella Muthu Mariamman Temple Festival" Kanjampathi Village, Samalpatti Post, Uthangarai Taluk, Krishnagiri District.
2. Learned counsel for the petitioner submitted that, petitioner submitted a representation dated 08.06.2023 seeking permission to conduct Adal Padal programme during temple festival on 14.06.2023 at 06.00 p.m. to 11.00 p.m. at "Sri Sella Muthu Mariamman Temple Festival" Kanjampathi Village, Samalpatti Post, Uthangarai Taluk, Krishnagiri District. This representation was rejected with a direction to get orders from this Court. Challenging the same, this petition is filed.
3. Learned Government Advocate (Criminal side) submitted that, in the light of the Circular Memorandum issued by Director General of Police, Tamil Nadu, Chennai, in Rc.03316/General.I(1)/2023, dated 01.06.2023,
appropriate orders may be passed.
4. Considered the rival submissions and perused the records.
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. In view of this Circular Memorandum issued by Director General of Police, Tamil Nadu, Chennai, in Rc.03316/General.I(1)/2023, dated
01.06.2023, it is not necessary to obtain orders from the High Court. The respondent is directed to consider the petitioner's representation dated 08.06.2023 afresh and pass appropriate orders immediately.
7. With the above directions, this Writ Petition is disposed of. No costs.
13.06.2023 Index :Yes/No Internet :Yes/No gd Note: Issue order copy on 13.06.2023.
To 1.The Inspector of Police, Samalpatti Police Station, Uthangarai Taluk, Krishnagiri District - 635 306.
2.The Public Prosecutor, High Court of Madras.
G.CHANDRASEKHARAN, J.
gd 13.06.2023