Tamilarasan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tamilarasan ... Petitioner Vs.

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

2.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur 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 permission and necessary protection to perform the Village Cultural programme i.e, Adal Padal on 06.03.2023, 07.03.2023 and 08.03.2023 at 09.00 pm to 12.00 am in the event of "Masi Maga Thiruvizha" to the above said "Arulmigu Pazhankulathu Ayyanar Temple" at Sadayarkoil Village, Orathanad Taluk, Thanjauvur District by considering the petitioner's representation, dated 22.02.2023. For Petitioner : Mr.S.Venkatesan 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, to direct the respondents to grant permission and necessary protection to perform the Village Cultural programme i.e, Adal Padal on 06.03.2023, 07.03.2023 and 08.03.2023 at 09.00 pm to 12.00 am in the event of "Masi Maga Thiruvizha" to the "Arulmigu Pazhankulathu Ayyanar Temple" at Sadayarkoil Village, Orathanad Taluk, Thanjauvur District by considering the petitioner's representation, dated 22.02.2023.

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 "Masi Maga Thiruvizha" to the "Arulmigu Pazhankulathu Ayyanar Temple" at Sadayarkoil Village, Orathanad Taluk, Thanjauvur District , is going to be held on 06.03.2023. Subsequent to the same, in order to conduct Adal Padal on 06.03.2023, 07.03.2023 and 08.03.2023 at 2/6

09.00 pm to 12.00 am , they sought permission of the police by giving a representation dated 22.02.2023. 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 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 06.03.2023, 07.03.2023 and 08.03.2023 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.

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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 second respondent police and on such filing, the second respondent police is hereby directed to consider the representation of the writ petitioner, dated 22.02.2023 and pass suitable orders based on the above said circular.

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

03.03.2023 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das Note : Issue order copy on 03.03.2023.

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To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur 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 03.03.2023 6/6