A.Seevalpandian v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)Nos.13128, 13133, 13138, 13139, 13146, 13227, 13230, 13240, 13243, 13249 and 13112 of 2019 A.Seevalpandian ... Petitioner(s) in WP(MD). 13128/ 2019 Vs.

Tirunelveli District, Tirunelveli.

Manur Police Station, Tirunelveli District. ... Respondents in WP(MD). 13128 / 2019 Prayer in WP(MD)No. 13128/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents herein to grant permission and give police protection to conduct the 'Aadal Padal Programme' dance program at about 7.00 p.m. on 13.06.2019 in pursuance of the festival of 'Arulmighu Sri Agni Madasamy Thirukovil situated in Pallamadai, Manur Post, Tirunelveli District on considering the petitioners representation dated 07.06.2019. R.Dravidan, S/o.Ramamurthi D.No:1449, East Street, Ponnavarai, Kalyanapuram Post, Thiruvaiyaru Taluk, Thanjavur District -613201 ... Petitioner(s) in WP(MD). 13133/ 2019 Thanjavur, Thanjavur District.

Thiruvaiyaru Police Station, Thanjavur District.

... Respondent(s) in WP(MD). 13133/ 2019

Prayer in WP(MD)No. 13133/ 2019 :

Mandamus, directing the respondents to grant permission to perform the program of Adal Padal on 15.06.2019 night at about 8.00 p.m. to 12.00 a.m. Ponnavarai, Arulmigu Sri Ilamari amman Thirukovil, is situated at Kalyanapuram Post, Thiruvaiyaru Taluk, Thanjavur District and to provide adequate police protection based on petitioner representation dated 08.06.2019 B.Shanmugam, S/o.Balan, No.92, Puliakudi, Aadhithiravidar Street, Papanasam Taluk, Thanjavur District ... Petitioner(s) in WP(MD). 13138/ 2019 Thanjavur District, Thanjavur.

Ammapettai Police Station, Thanjavur District ... Respondent(s) in WP(MD). 13138/ 2019 Prayer in WP(MD)No. 13138/ 2019 :

Constitution of India, praying this Court to issue a writ of mandamus directing the respondents herein to grant permission and protection to conduct the Adal Padal programme on 17.06.2019 at 7.00 pm to 10.30 pm in pursuant to the Vaikasi festival of Arulmigu Sri Muthumariamman temple in Puliakudi, Keela Street, Jai Bheema Nagar, Papanasam Taluk, Thanjavur District based on the petitioner representation dated 10.06.2019.

M.Thirunavukarasu, S/o.Muthuudayar, V.Koppuchithampatti, Aruppukottai Taluk, Virudhunagar District.

... Petitioner(s) in WP(MD). 13139/ 2019

1. The Deputy Superintendent Of Police, Aruppukottai Division, Virudhunagar District.

Aruppukottai Taluk Police Station, Virudhunagar District ... Respondent(s) in WP(MD). 13139/ 2019 Prayer in WP(MD)No. 13139/ 2019 :

Mandamus, directing the 2nd respondent to grant permission and protection to conduct Adal Padal Programme on 13.06.2019 in the eve of Kumbabisegam to Sri Devakaliamman Temple, situated at V.Koppuchithampatti, Aruppukottai Taluk, Virudhunagar District in pursuant to the petition dated 09.06.2019.

R.Mahalingam, S/o.Late.Rengaiah, 2/158, Mela Theru, T.Kokkulam Villae, Kallikudi Taluk, Madurai District.

... Petitioner(s) in WP(MD). 13146/ 2019 Madurai District.

2. The Deputy Superintendent Of Police, Thirumangalam, Madurai District.

3. The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

4. The Sub Inspector of Police, Koodakovil Police Station, Madurai District.

... Respondent(s) in WP(MD). 13146/ 2019 Prayer in WP(MD)No. 13146/ 2019 :

Mandamus, directing the respondents to grant permission and protection for Aani Kalari Festival and Drama scheduled to be held on 17.06.2019 to 19.06.2019 in Arulmigu Sri Ayyan Panthi 21 Deities Kovil at T.Kokkulam Village, Kallikudi Taluk, Madurai District based on the petitioner representation dated 31.05.2019. Manoharan, S/o.Karuppiah, Vanniyanviduthi, Arayapatti Post, Alangudi Taluk, Pudukkottai District.

... Petitioner(s) in WP(MD). 13227/ 2019

Pudukkottai District.

Alangudi Police Station, Pudukkottai District.

... Respondent(s) in WP(MD). 13227/ 2019 Prayer in WP(MD)No. 13227/ 2019 :

Mandamus, directing the respondents to grant permission to conduct the Dance and Song Programme on 16.06.2019 from 9.00pm to 12.00am in Nearyby the Sri Muthumariyamman KOvil, Vanniyanviduthi, Arayapatti Post, Alangudi Taluk, Pudukkottai District by considering the petitioner representation dated 10.06.2019.

M.Kalaiarasan, S/o.Muthusamy, Kaalagam Post, Peravurani Taluk, Thanjavur District.

... Petitioner(s) in WP(MD). 13230/ 2019 Thanjavur District.

Peravurani Police Station, Thanjavur District.

... Respondent(s) in WP(MD). 13230/ 2019 Prayer in WP(MD)No. 13230/ 2019 :

Mandamus, directing the respondents to grant permission for conducting the Nadana Natiya Negalchi (Adal Padal) on 14th June 2019 at Arulmighu Sri Gyanambal situated at KOndraikaadu village, Peravurani Taluk, Thanjavur District.

Neelakandan, S/o.Pethaperumal, Kalankadu Village, Pervurani Taluk, Thanjavur District.

... Petitioner(s) in WP(MD). 13240/ 2019 Thanjavur District.

Peravurani Police Station, Peravurani, Thanjavur District.

... Respondent(s) in WP(MD). 13240/ 2019 Prayer in WP(MD)No. 13240/ 2019 :

Mandamus directing the 2nd respondent to grant permission and protection to conduct Adal Padal Programme on 14/06/2019 in the eve of Vaikasi Thiruvila to Sri Karpaga Vinayagar Temple situated at Kalankadu Village, Pervurani Taluk, Thanjavur District in pursuant to the petition dated 10/06/2019.

T.Muneeswaran, S/o.P.Thandabani, D.No.66/2, Nattamai Street, Ayyankottai, Pattiveeranpatti, Dindigul District.

... Petitioner(s) in WP(MD). 13243/ 2019 Dindigul District.

2. The Inspector Of Police, Pattiveeranpatti Police Station, Dindigul District.

... Respondent(s) in WP(MD). 13243/ 2019 Prayer in WP(MD)No. 13243/ 2019 :

Mandamus directing the respondents to consider petitioner representation dated on 10/06/2019 for cultural event namely Kabadi Tournament scheduled to be held on 15/06/2019 evening 9PM to 16/06/2019 evening 9PM in Sri Bagavathi amman Temple at Ayyankottai Village, Pattiveeranpatti, Dindigul District. Kuppan, S/o.Andi Ambalam, Pillayar Natham Post, Senthurai Via, Natham Taluk, Dindigul District.

... Petitioner(s) in WP(MD). 13249/ 2019 Dindigul District.

Natham Police Station, Dindigul District.

... Respondent(s) in WP(MD). 13249/ 2019

Prayer in WP(MD)No. 13249/ 2019 :

Mandamus, directing the respondents herein to grant permission for conducting the Adal Padal Programe on 13.06.2019 at about 10.00pm to 2.00am in connection with the Festival of Sri Muthalamman Temple which is situated at Pillaiyar natham Village, Natham Taluk, Dindigul District on the basis of the petitioner representation dated 08.06.2019.

S.Tamilarasan, S/o.Karupian, Keelatheru, Kalanivasal Post, Peravurani Taluk, Thanjavur District.

... Petitioner(s) in WP(MD). 13112/ 2019 Thanjavur District.

Peravurani Police Station, Thanjavur District.

... Respondent(s) in WP(MD). 13112/ 2019 Prayer in WP(MD)No. 13112/ 2019 :

Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent and quash the same and consequently direct the respondents to grant permission for conducting the Nadana Natiya Negalchi (Adal Padal) on 12th June 2019 at ARulmiku Sri Veemanayagi Amman Temple situated at Athanoor Village, Peravurani TAluk, Thanjavur Distirct. APPEARANCE (In all WPs) CASE Nos.

FOR PETITIONERS FOR RESPONDENTS WP(MD)13128 OF 2019 MR.S.KARTHICK MR.K.K.RAMAKRISHNAN SUBRAMANIAM ADDL PUBLIC PROSECUTOR WP(MD)13133 OF 2019 M/S.S.BHARATHI MR.K.K.RAMAKRISHNAN ADDL. PUBLIC PROSECUTOR WP(MD)13138 OF 2019 MR.S.VENKASTESAN MR.K.K.RAMAKRISHNAN ADDL. PUBLIC PROSECUTOR WP(MD)13139 OF 2019 MR.A.BALAJI MR.K.K.RAMAKRISHNAN ADDL. PUBLIC PROSECUTOR

WP(MD)13146 OF 2019 MR.V.MAHARAJAN MR.K.K.RAMAKRISHNAN ADDL. PUBLIC PROSECUTOR WP(MD)13227 OF 2019 M/S.A.BANUMATHI MR.K.K.RAMAKRISHNAN ADDL PUBLIC PROSECUTOR WP(MD)13230 OF 2019 MR.R.VENKATESWAR MR.K.K.RAMAKRISHNAN ADDL. PUBLIC PROSECUTOR WP(MD)13240 OF 2019 MR.D.R.MURUGESAN MR.K.K.RAMAKRISHNAN ADDL. PUBLIC PROSECUTOR WP(MD)13243 OF 2019 MR.P.MUTHUPANDI MR.K.K.RAMAKRISHNAN ADDL. PUBLIC PROSECUTOR WP(MD)13249 OF 2019 MR.B.JAMEEL ARASU MR.K.K.RAMAKRISHNAN ADDL. PUBLIC PROSECUTOR WP(MD)13112 OF 2019 MR.R.VENKATESHWAR MR.K.K.RAMAKRISHNAN ADDL. PUBLIC PROSECUTOR COMMON ORDER All these writ petitions have been filed seeking for a direction to the concerned police to consider the representation of the petitioners and grant permission to conduct the cultural programmes in the temple festival.

2. The grievance of the petitioners is that the petitioners are conducting temple festival in their respective villages, in which they proposed to conduct cultural programme i.e., Adal Padal and Sports Events. Therefore, they seek permission by making applications before the respective police, but that applications were not considered by the police officers. Hence, the present writ petitions have been filed.

3. Now, it is brought to the notice of this Court that in respect of granting permission to conduct Adal Padal and Sports Events, the Director General of Police, Tamil Nadu, Chennai-4, issued a specific Circular in Rc.No.007301/Genl-I(1)/2019, dated 09.04.2019 to the concerned police station, issuing guidelines for giving permission for conducting the cultural programmes.

4. A perusal of the above said Circular it could be seen that the person, who has proposed to conduct the cultural programme should made an application seeking permission within fifteen days prior to the date of the proposed event, and on receiving such application, the concerned police officers are directed to dispose of the applications within a period of one week from the date of receipt of such applications, and in the event of rejection of their

application, an opportunity of hearing in person should be afforded to them.

5. Even though the Circular has been issued as early as on 09.04.2019 and it has been circulated to all the police stations, the respondent police are not following the Circular and the applications seeking permission to conduct the cultural programme / sports events are kept pending without passing any order, which compelled the petitioners to approach this Court unnecessarily.

6. In the above circumstances, the Superintendent of Police in the concerned Districts are directed to issue necessary direction to all the police stations to follow the Circular strictly and the respondents are directed to consider the applications seeking permission to conduct cultural programmes i.e., Adal Padal and Sports Events, as per the Circular issued by the Director General of Police, dated 09.04.2019.

7. These writ petitions are disposed of accordingly. No costs. Sd/- Assistant Registrar (Crl.side) / True Copy / Sub Assistant Registrar(CS-III) Akv To

1. THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT, TIRUNELVELI.

2. THE INSPECTOR OF POLICE, MANUR POLICE STATION, TIRUNELVELI DISTRICT.

3.THE SUPERINTENDENT OF POLICE, THANJAVUR DISTRICT 4.THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

5.THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT. 6.THE DEPUTY SUPERINTENDENT OF POLICE, ARUPUKKOTTAI DIVISION, VIRUDHUNAGAR DISTRICT.

7.THE INSPECTOR OF POLICE, ARUPPUKKOTTAI TALUK POLICE STATION, ARUPPUKKOTTAI.

8.THE SUPERINDENT OF POLICE, MADURAI DISTRICT.

9.THE DEPUTY SUPERINTENDENT OF POLICE, THIRUMANGALAM, MADURAI DISTRICT.

10.THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT 11.THE SUB INSPECTOR OF POLICE KOODAKOVIL POLICE STATION, MADURAI DISTRICT 12.THE SUPERINTENDENT OF POLICE, PUDUKKOTTAI. 13.THE INSPECTOR OF POLICE, ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT. 14.THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION,THANJAVUR DISTRICT. 15.THE SUPERINTENDENT OF POLICE, DINDIGUL.

16.THE INSPECTOR OF POLICE, PATTIVEERANPATI POLICE STATION, DINDIGUL DISTRICT. 17.THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL DISTRICT.

18. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1CC TO MR.R.VENKATESHWAR ADVOCATE SR 68548 +1CC TO MR.B.JAMEEL ARASU ADVOCATE SR 68367 +1CC TO MR.R.VENKATESHWAR ADVOCATE SR 68522 +1CC TO MR.P.MUTHUPANDI ADVOCATE SR 68251 +1CC TO MR.D.R.MURUGESAN ADVOCATE SR 68243 +1CC TO M/S.A.BANUMATHI ADVOCATE SR 68202 +1CC TO MR.V.MAHARAJAN ADVOCATE SR 68143 +1CC TO MR.A.BALAJI ADVOCATE SR 68200 +1CC TO MR.S.VENKASTESAN ADVOCATE SR 68163 +1CC TO M/S.S.BHARATHI ADVOCATE SR 68155 W.P.(MD)Nos.13128, 13133, 13138, 13139, 13146, 13227, 13230, 13240, 13243, 13249 and 13112 of 2019 12.06.2019 ES/13.06.2019/9P/29C