Bharathshankar 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 Bharathshankar ... Petitioner Vs.

1.The Deputy Superintendent of Police, Thiruchendur, Thoothukudi District.

2.The Inspector of Police, Arumuganeri Police Station, Arumuganeri, Thoothukudi 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 accord permission to the Adal Padal Program to be held on 15.01.2023 and 18.01.2023 at about 06.00 p.m. to be conducted Thai Pongal Festival at Arunachalapuram, Kayalpattinam, Thiruchendur Taluk, Thoothukudi District based on the petitioner's representation dated 07.01.2023.

For Petitioner : Mr.S.Krishnan 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 accord permission to the Adal Padal Program to be held on 15.01.2023 and 18.01.2023 at about 06.00 p.m. to be conducted Thai Pongal Festival at Arunachalapuram, Kayalpattinam, Thiruchendur Taluk, Thoothukudi District based on the petitioner's representation dated 07.01.2023.

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 festival, by name, "Thai Pongal Festival" is going to be held on 15.01.2023 and 18.01.2023 at Arunachalapuram, Kayalpattinam, Thiruchendur Taluk, Thoothukudi District. Subsequent to the same, in order to conduct a cultural programme on 15.01.2023 and 18.01.2023, they sought permission of the police by giving a representation dated 07.01.2023. 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 for two days i.e., 15.01.2023 and 18.01.2023 from 06.00 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 and on such filing, the second respondent is hereby directed to consider the representation of the writ petitioner, dated 07.01.2023 and pass suitable orders based on the above said circular.

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

11.01.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm Note : Issue order copy on 12.01.2023 4/6

To 1.The Deputy Superintendent of Police, Thiruchendur, Thoothukudi District.

2.The Inspector of Police, Arumuganeri Police Station, Arumuganeri, Thoothukudi District.

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

5/6

K.MURALI SHANKAR, J csm Order made in Dated : 11.01.2023 6/6