Yuvarajan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Yuvarajan, : Petitioner Vs

1. The Superintendent of Police, Pudukkottai, Pudukkottai District

2. The Inspector of Police, Vellanur Police Station, Pudukkottai 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 herein to grant permission and to provide police protection to conduct the Aadalum Paadalum dance programme on 16.01.2023 in pursuant to the Thai Pongal Thiruvizha and sports events situated at Pungudi Village, Vellanur, Kulathur Taluk, Pudukkottai District by considering the petitioner's representation, dated 06.01.2023. For Petitioner : Mr.D.Rameshkumar 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 herein to grant permission and to provide police protection to conduct the Aadalum Paadalum dance programme on 16.01.2023 in pursuant to the Thai Pongal Thiruvizha and sports events situated at Pungudi Village, Vellanur, Kulathur Taluk, Pudukkottai District by considering the petitioner's representation, dated 06.01.2023.

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 Thai Pongal Thiruvizha and sports events are to be conducted at Pungudi Village, Vellanur, Kulathur Taluk, Pudukkottai District, on 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 06.01.2023. But, the respondents have not considered the said representation. Since no order was passed, the writ 2/6

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 and that in the last year Pongal Thiruvizha, four FIRs came to be registered against the petitioner and that the writ petitioner may be directed to file an undertaking stating that no such untoward incident will occur, while conducting the programme. 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.

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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 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 and also stating that no such untoward incident will occur, while conducting 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 06.01.2023 positively and pass orders imposing necessary conditions based on the above said circular.

8. With the above direction, this writ petition stands disposed of. No costs.

10.01.2023 NCC :Yes / No Index :Yes/No Internet : Yes/ No lr 4/6

Note : Issue order copy on or before 12.01.2023 To

1. The Superintendent of Police, Pudukkottai, Pudukkottai District

2. The Inspector of Police, Vellanur Police Station, Pudukkottai 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 10.01.2023 6/6