Chinnaiah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Chinnaiah ... Petitioner Vs 1.The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Kottampatti 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, to direct the second respondent to grant permission to the petitioner's Village temple of Manthai Arulmigu Sree.Mariamman Temple situated at Siyanthanpatti Village, Ayyapatti Post, Melur Taluk, Madurai District to perform the Pongal festival on 15.01.2023 and 16.01.2023 conducting "Manjuvirattu" and also provide adequate protection during the eve to the general public.

For Petitioner : Mr.K.Muraleedharan, For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

1/6

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the second respondent to grant permission to the petitioner's Village temple of Manthai Arulmigu Sree.Mariamman Temple situated at Siyanthanpatti Village, Ayyapatti Post, Melur Taluk, Madurai District to perform the Pongal festival on 15.01.2023 and 16.01.2023 conducting "Manjuvirattu" and also provide adequate protection during the eve to the general public.

2. The 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 petitioner submitted that "Pongal festival" at Siyanthanpatti Village, Ayyapatti Post, Melur Taluk, Madurai District, is going to be held on 15.01.2023 and 16.01.2023 conducting "Manjuvirattu", they sought permission of the police by giving a representation dated 05.01.2023. But, the second respondent has not considered the said representation. Since no order was passed, the petitioner has come before this Court for the above said relief. 2/6

4.The learned Additional Public Prosecutor appearing for the respondents would submit that the second respondent has received the representation of the petitioner and the same is pending for consideration. He would further submit that the petitioner may be permitted to conduct Pongal festival on 15.01.2023 from 07.00 am to 05.00 pm and for conducting Manjuvirattu, the petitioner has to approach the Division Bench of this Court .

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 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 3/6

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 Pongal festival 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 05.01.2023 and pass suitable orders based on the above said circular with respect to the Pongal Festival only on 15.01.2023.

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

11.01.2023 NCC : Yes/No Index : Yes/No Internet : Yes/ No das 4/6

To 1.The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Kottampatti Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

K.MURALI SHANKAR, J das 11.01.2023 6/6