Balamurugan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Balamurugan ... Petitioner Vs.
1.The Deputy Superintendent of Police, Y.Othakadai Circle, Madurai District, Madurai.
2.The Inspector of Police, Y.Othakadai Police Station, Madurai 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 and necessary protection to perform on 16.01.2023 Adal Padal at 07.00 p.m. to 10.00 p.m. in the evening of "Thai Poosa Thiruvha" at Amman Nagar, Y.Narasingam, Y.Othakadai, Madurai District.
For Petitioner : Mr.A.Ramkumar 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 second respondent to grant permission and necessary protection to perform on 16.01.2023 Adal Padal at 07.00 p.m. to 10.00 p.m. in the evening of "Thai Poosa Thiruvha" at Amman Nagar, Y.Narasingam, Y.Othakadai, Madurai District.
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 for the festival, by name, "Thai Poosa Thiruvha" is going to be held on 16.01.2023 at Amman Nagar, Y.Narasingam, Y.Othakadai, Madurai District. Subsequent to the same, in order to conduct a cultural programme on 16.01.2023 at 07.00 p.m. to 10.00 p.m., they sought permission of the police.
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4. The learned Additional Public Prosecutor appearing for the respondents would submit that the respondents have not received any representation from the writ petitioner.
5. At this juncture, the learned counsel appearing for the writ petitioner would submit that they have sent representation to the respondents today morning and that they are ready to give another fresh representation to the second respondent.
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 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 a fresh 3/6
representation before the second respondent and on such representation, the second respondent is hereby directed to consider the same 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.
11.01.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm Note : Issue order copy on 12.01.2023 To 1.The Deputy Superintendent of Police, Y.Othakadai Circle, Madurai District, Madurai.
2.The Inspector of Police, Y.Othakadai Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J csm Order made in Dated : 11.01.2023 6/6