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Madras High CourtWP(MD)/6539/2023disposed of

Kalimuthu. U v. The Superintendent Of Police

2023-03-27Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN U.Kalimuthu ... Petitioner Vs.

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

2.The Inspector of Police, Bodi Taluk Police Station, Theni 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 conduct the Adal Padal programme on 29.03.2023 at 08.00 pm to 11.00 pm in connection with Thiruvizha of Arulmigu Sri Kaliamman Thirukovil, Ramakrishnapuram, Pottipuram Panchayat, Uthamapalayam Taluk, Theni District.

For Petitioner : Mr.R.Karthick Rajan For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/5

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the 2nd respondent grant permission and necessary protection to conduct the Adal Padal programme on 29.03.2023 at 08.00 pm to 11.00 pm in connection with Thiruvizha of Arulmigu Sri Kaliamman Thirukovil, Ramakrishnapuram, Pottipuram Panchayat, Uthamapalayam Taluk, Theni District.

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 temple Festival of Thiruvizha of Arulmigu Sri Kaliamman Thirukovil, Ramakrishnapuram, Pottipuram Panchayat, Uthamapalayam Taluk, Theni District, is going to be held on 29.03.2023. Subsequent to the same, in order to conduct a cultural programme on 29.03.2023, they sought permission of the Police by giving a representation dated 21.03.2023. But, the second respondent has not considered the said representation. Since no order was passed, the writ petitioner has come 2/5

before this Court for the above said relief.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that he has no objection for granting permission to conduct a cultural programme subject to time restriction in between 07.00 p.m to 10.00 p.m. on 29.03.2023, and also submitted 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 Director General of Police, the second respondent is hereby directed to 3/5

consider the representation of the writ petitioner, dated 21.03.2023 and pass suitable orders based on the above said circular, in the light of the above submission made by the learned Additional Public Prosecutor.

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

27.03.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Bodi Taluk Police Station, Theni District.

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

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G.ILANGOVAN, J TM Order made in Dated :27.03.2023 5/5