Siva v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Siva ... Petitioner Vs.
1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Deputy Superintendent of Police, Sivagangai, Sivagangai.
3.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to grant permission to conduct Dance & Song Programme on 28.03.2023 from 07.00 p.m to 12.00 a.m in front of the temple namely Sri Padhinetampadi Karuppanasamy Temple and Deities on the occasion of Kumbabishekam Festival at Oothupatti, Kalaiyarkovil Taluk, Sivagangai District by considering the petitioner's representation dated 15.02.2023.
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For Petitioner : Mr.S.Pakalavan For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor
O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to grant permission to conduct the Dance & Song Programme on 28.03.2023 at around 07.00 p.m to 12.00 a.m in front of the temple namely Sri Padhinetampadi Karuppanasamy Temple and Deities on the occasion of Kumbabishekam Festival at Oothupatti, Kalaiyarkovil Taluk, Sivagangai District by considering the petitioner's representation dated 15.02.2023.
2. Mr.B.Nambiselvan, 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 festival for the temple, by name, "Sri Padhinetampadi Karuppanasamy Temple" situated at Oothupatti, Kalaiyarkovil Taluk, Sivagangai District, is going to be held on 28.03.2023. Subsequent to 2/5
the same, in order to conduct a cultural programme on 28.03.2023, they sought permission of the police by giving a representation dated 15.02.2023. 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.
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 applications seeking permission for conducting cultural programme. Therefore, in view of the detailed circular and guidelines issued by the 3/5
Director General of Police, the second respondent is hereby directed to consider the representation of the writ petitioner, dated 15.02.2023 and pass suitable orders based on the above said circular and the time for conducting the cultural programme may be fixed by the concerned authority, depending upon the situation in the locality.
7. With the above direction, this Writ Petition stands disposed of. No costs.
09.03.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No tta To 1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Deputy Superintendent of Police, Sivagangai, Sivagangai.
3.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN, J tta Order made in Dated : 09.03.2023 5/5