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Madras High CourtWP(MD)/6292/2023disposed of

Resuvarpandi v. The Superintendent Of Police

2023-03-23Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Resuvarpandi ... Petitioner Vs.

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

2. The Inspector of Police, Irukkankudi Police Station, Virudhunagar 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 herein to grant permission and give police protection to conduct cultural events i.e., Dance Programme (Adal Padal) on 04.04.2023 from 08.00 P.M., onwards and Pattukatcheri on 05.04.2023 from 08.00 P.M., onwards in connection with the Pongal Festival of Sri Arulmigu Mandhaiyarasi Amman and Sri Arulmigu Mariamman Thirukovil situated at Kosukkundu, Virudhunagar District by considering the petitioner's representation dated 14.03.2023. For Petitioner : Mr. Mani Anandh. P For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/6

ORDER

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents herein to grant permission and give police protection to conduct cultural events i.e., Dance Programme (Adal Padal) on 04.04.2023 from 08.00 P.M., onwards and Pattukatcheri on 05.04.2023 from 08.00 P.M., onwards in connection with the Pongal Festival of Sri Arulmigu Mandhaiyarasi Amman and Sri Arulmigu Mariamman Thirukovil situated at Kosukkundu, Virudhunagar District by considering the petitioner's representation dated 14.03.2023.

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 Arulmigu Mandhaiyarasi Amman and Sri Arulmigu Mariamman Thirukovil situated at Kosukkundu, Virudhunagar District, is going to be held on 04.04.2023 and 05.04.2023. Subsequent to the same, in order to conduct a cultural programme on 04.04.2023 and 05.04.2023, they sought permission of the 2/6

police by giving a representation dated 14.03.2023. But, the respondents have 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 respondents have received the representation of the writ petitioner and the same is pending for consideration. He would further submit that on the same dates itself, over transfer of grave yard, some sort of meeting is arranged. The petitioner may give fresh representation incorporating alternative dates and time for continuing the above said program.

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 alternative dates and time of the cultural programme before the second respondent and on such filing, the second respondent is hereby directed to consider the representation of the writ petitioner, dated 14.03.2023 and pass suitable orders based on the above said circular.

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

23.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 4/6

To

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

2. The Inspector of Police, Irukkankudi Police Station, Virudhunagar District.

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

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G.ILANGOVAN,J.

Indu Order made in Dated: 23.03.2023 6/6