Mahendran.R v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR R.Mahendran : Petitioner Vs
1. The Superintendent of Police, O/o. Superintendent of Police, Sivagangai District.
2. The Inspector of Police, Ulagampatti Police Station, Sivagangai 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 respondents to grant permission and protection to conduct the cultural programme (i.e) Adal Padal on 16.01.2023 at 10 PM to 1 AM at Sri Selvavinayagar Temple at Kattukudipatti Village, Singampunari Taluk, Sivagangai District in pursuant to the petition dated 02.01.2023. For Petitioner : Mr.R.Alagia Nambi For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/6
O R D E R
The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to grant permission and protection to conduct the cultural programme (i.e) Adal Padal on 16.01.2023 at 10 PM to 1 AM at Sri Selvavinayagar Temple at Kattukudipatti Village, Singampunari Taluk, Sivagangai District in pursuant to the petition dated 02.01.2023.
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 Pongal Vilaiyattu Vizha for the temple, by name, Sri Selvavinayagar Temple at Kattukudipatti Village, Singampunari Taluk, Sivagangai District, is going to be held from 15.01.2023 to 16.01.2023. Subsequent to the same, in order to conduct a cultural programme on 16.01.2023, they sought permission of the police by giving a representation dated 02.01.2023. But, the respondents have not considered the said 2/6
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 16.01.2023 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 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 3/6
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 police and on such filing, the second respondent police is hereby directed to consider the representation of the writ petitioner, dated 02.01.2023 and pass suitable orders based on the above said circular.
8. With the above direction, this writ petition stands disposed of. No costs.
04.01.2023 Index :Yes/No Internet : Yes/ No lr Note : Issue order copy on 12.01.2023 4/6
To
1. The Superintendent of Police, O/o. Superintendent of Police, Sivagangai District.
2. The Inspector of Police, Ulagampatti Police Station, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J lr Order made in 04.01.2023 6/6