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Madras High CourtWP(MD)/6871/2023disposed of

Thiruselvam.S v. The Superintendent Of Police

2023-03-30Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Thiruselvam.S ... Petitioner Vs.

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

2. The Inspector of Police, Velayuthapattinam 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, directing the respondents to grant permission and necessary protection to conduct the Adal Padal Programme on 04.04.2023 at 07.00 pm to 10.00 pm in connection with Thiru Vizha of Arulmigu Muthu Mariamman Thirukovil at Nachangkulam Village, Velayuthapattinam, Sivagangai District. For Petitioner : Mr. Sundarapandian.S 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 to grant permission and necessary protection to conduct the Adal Padal Programme on 04.04.2023 at 07.00 pm to 10.00 pm in connection with Thiru Vizha of Arulmigu Muthu Mariamman Thirukovil at Nachangkulam Village, Velayuthapattinam, Sivagangai 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 festival for the temple, by name, "Arulmigu Muthu Mariamman Thirukovil at Nachangkulam Village, Velayuthapattinam, Sivagangai District", is going to be held on 04.04.2023. Subsequent to the same, in order to conduct a cultural programme on 04.04.2023, they sought permission of the police by giving a representation dated 15.03.2023. But, the respondents have not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for 2/6

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 date itself, another program is scheduled to be conducted, for which, permission has been granted by the second respondent. The petitioner may give fresh representation incorporating alternative dates and time for conducting 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 15.03.2023 and pass suitable orders based on the above said circular.

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

30.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 4/6

To

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

2. The Inspector of Police, Velayuthapattinam Police Station, Sivagangai 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: 30.03.2023 6/6