Subbiah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD)No.7218 of 2023 Subbiah ... Petitioner Vs.

1. The Superintendent of Police, Pudukkottai District.

Pudukkottai.

2. The Inspector of Police, Kottaipattinam Police Station, Pudukkottai 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 3rd respondents herein to grant permission and protection to conduct the "Aadalum Padalum" dance programme on 04.04.2023 from 8.00 pm to 11.30 pm in pursuant to the Panguni Festival of Arulmigu Sri Valli Deivanai Samedha Sri Siva Subramaniya Swamy Temple, situated at North Pudukudi, Kottaipattinam Post, Manamelkudi Taluk, Pudukkottai Dsitrict by considering the petitioner's representation, dated 27.03.2023. For Petitioner : Mr.M. Suresh For Respondents : Mr.R.Sureshkumar Government Advocate (Crl. Side) 1/6

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the 3rd respondents herein to grant permission and protection to conduct the "Aadalum Padalum" dance programme on 04.04.2023 from 8.00 pm to 11.30 pm in pursuant to the Panguni Festival of Arulmigu Sri Valli Deivanai Samedha Sri Siva Subramaniya Swamy Temple, situated at North Pudukudi, Kottaipattinam Post, Manamelkudi Taluk, Pudukkottai District by considering the petitioner's representation, dated 27.03.2023.

2. Mr R.Sureshkumar, learned Government Advocate (Crl. Side) 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 Sri Valli Deivanai Samedha Sri Siva Subramaniya Swamy Temple, situtaed at North Pudukudi, Kottaipattinam Post, Manamelkudi Taluk, Pudukkottai District, is going to be held on 04.04.2023. Subsequent to the same, in 2/6

order to conduct a cultural programme on 04.04.2023, they sought permission of the police by giving a representation dated 27.03.2023. 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 Government Advocate (Crl. Side) 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 on the earlier occasion such event took place, there was a restriction with regard to the time limit, but, in spite of the restrictions made by the 2nd respondent, the above said event was continued by the petitioner and when that was objected by the second respondent trouble has been raised by the petitioner and others and hence, the second respondent feels the same issues may be occurred.

5. I have considered the submission of the learned counsel appearing for the writ petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

6. It is brought to the notice of this Court that the Director General 3/6

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 consider the representation of the writ petitioner, dated 03.03.2023 and pass suitable orders based on the above said circular.

7. With the above direction, this Writ Petition stands disposed of. No costs.

31.03.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No trp 4/6

To

1. The Superintendent of Police, Pudukkottai District.

Pudukkottai.

2. The Inspector of Police, Kottaipattinam Police Station, Pudukkottai District.

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

5/6

G.ILANGOVAN,J trp Order made in W.P(MD)No.7218 of 2023 Dated : 31.03.2023 6/6