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Madras High CourtWP(MD)/862/2023disposed of

Sathiskumar.S v. The Superintendent Of Police

2023-01-12Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR S.Sathiskumar ... Petitioner Vs.

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

2.The Inspector of Police, East Police Station, Kovilpatti, 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 give permission to conduct cultural events due to ahead of Pongal celebration on 15.01.2023 and use mic set during the day and consider the petitioner's representation, dated 23.12.2022. For Petitioner : Mr.P.Venkatesan, For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/5

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents to give permission to conduct cultural events due to ahead of Pongal celebration on 15.01.2023 and use mic set during the day and consider the petitioner's representation, dated 23.12.2022.

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 the cultural events due to ahead of Pongal celebration on 15.01.2023 and use mic set, they sought permission of the police by giving a representation dated 23.12.2022. But, the second respondent has not considered the said 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 second respondent has received the 2/5

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 15.01.2023 from 08.00 am to 01.00 p.m and 07.00 pm to 10.00 pm.

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 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 3/5

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 23.12.2022 and pass suitable orders based on the above said circular.

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

12.01.2023 NCC : Yes/No Index :Yes/No Internet : Yes/ No das Note : Issue order copy on 12.01.2023 To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, East Police Station, Kovilpatti, Thoothukudi District.

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

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K.MURALI SHANKAR, J das Order made in 12.01.2023 5/5