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Madras High CourtWP(MD)/1860/2023disposed of

Devagar Mahajana Sabai v. The Superintendent Of Police

2023-01-31Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Devagar Mahajana Sabai represented by its President P.V.R.B.Sriram ... Petitioner Vs.

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

2.The Inspector of Police, Bodi Taluk Police Station, Bodinayakanur, Theni District.

3.The Sub Inspector of Police, Bodi Taluk Police Station, Bodinayakanur, Theni 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 grant necessary permission and provide adequate police protection for conducting the Village Cultural Program on 31.01.2023 at about 07.00 p.m. to 11.00 p.m. as part of great consecration festival of Maha Kumbabishekam of Arulmighu Srimadhu Ramalinga Sowdeswari 1/6

Amman Temple at Renganathapuram, Bodinayakanur, Theni District by considering the petitioner's representation dated 20.01.2023. For Petitioner : Mr.V.George Raja For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to grant necessary permission and provide adequate police protection for conducting the Village Cultural Program on 31.01.2023 at about 07.00 p.m. to 11.00 p.m. as part of great consecration festival of Maha Kumbabishekam of Arulmighu Srimadhu Ramalinga Sowdeswari Amman Temple at Renganathapuram, Bodinayakanur, Theni District by considering the petitioner's representation dated 20.01.2023.

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. 2/6

3. The learned counsel appearing for the writ petitioner submitted that Maha Kumbabishekam for the temple, by name, "Arulmighu Srimadhu Ramalinga Sowdeswari Amman Temple" situated at Renganathapuram, Bodinayakanur, Theni District, is going to be held from 30.01.2023 to 03.02.2023. Subsequent to the same, in order to conduct a cultural programme on 31.01.2023, they sought permission of the police by giving a representation dated 20.01.2023 and the same was rejected by the third respondent and hence, the writ petitioner has again sent a representation dated 26.01.2023. But, the third 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 third respondent has 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 on 31.01.2023 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 3/6

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 undertaking affidavit incorporating the date and time of the cultural programme before the third respondent and on such filing, the third respondent is hereby directed to consider the representation of the writ petitioner, dated 26.01.2023 and pass suitable orders based on the above said circular.

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

31.01.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm Note : Issue order copy today (31.01.2023) To 1.The Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Bodi Taluk Police Station, Bodinayakanur, Theni District.

3.The Sub Inspector of Police, Bodi Taluk Police Station, Bodinayakanur, Theni District.

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

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K.MURALI SHANKAR, J csm Order made in Dated : 31.01.2023 6/6