Basheer Ahamed v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN Basheer Ahamed ... Petitioner Vs.
1.The Superintendent of Police, District Police Office, Thanjavur District.
2.The Inspector of Police, Sethu Bava Chathiram Police Station, Sethu Bava Chathiram, Thanjavur District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to quash the impugned letter Na.Ka.No.46/SBC PS/2023 dated 12.02.2023 on the file of the second respondent herein and consequently direct the second respondent to grant appropriate permission and adequate police protection to conduct the "Santhana Koodu Vizha" with the Islamic and Cinema Musical Orchestra, function on 23.02.2023 and 24.02.2023 based on the petitioner's reply to the second respondent dated 14.02.2023 within a stipulated time prescribed by this Court. 1/6
For Petitioner : Mr.S.A.S.Alaudeen For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
ORDER
This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, to quash the impugned letter Na.Ka.No.46/SBC PS/2023 dated 12.02.2023 on the file of the second respondent herein and consequently direct the second respondent to grant appropriate permission and adequate police protection to conduct the "Santhana Koodu Vizha" with the Islamic and Cinema Musical Orchestra, function on 23.02.2023 and 24.02.2023 based on the petitioner's reply to the second respondent dated 14.02.2023 within a stipulated time prescribed by this Court.
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 Additional Public Prosecutor appearing for the respondents would submit that due to time factor, the rejection order has been passed. He would further submit that permission will be granted to the writ petitioner to conduct the above said functions on 23.02.2023 between 07.00 p.m. and 10.00 p.m. and on 24.02.2023 between 07.00 p.m. and 10.00 p.m.
4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to give a fresh representation before the concerned respondent police.
5. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.
6. 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 programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to give a fresh representation incorporating the date and time of the above said functions before the second respondent and on such representation, the second respondent is hereby directed to consider the same and pass orders on merits and in accordance with law immediately based on the above said circular.
7. With the above directions, this Writ Petition stands disposed of. No costs.
21.02.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No csm Note : Issue order copy today (21.02.2023) 4/6
To 1.The Superintendent of Police, District Police Office, Thanjavur District.
2.The Inspector of Police, Sethu Bava Chathiram Police Station, Sethu Bava Chathiram, Thanjavur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN,J.
csm Order made in Dated: 21.02.2023 6/6