Muthumani v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Muthumani ... Petitioner Vs.

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

2.The Inspector of Police, Azhagappapuram Police Station, Azhagappapuram, 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 accord permission to the Adal Padal Program to be held on 14.04.2023 at about 06.00 P.M. to be conducted at the Arulmighu Sri Nallamuthu Marizamman Temple at Vairavapuram Village, Karaikudi Taluk, Sivagangai District based on the Petitioner's representation dated 31.03.2023.

For Petitioner : Mr.S.Krishnan For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 1/5

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the Respondents to accord permission to the Adal Padal Program to be held on 14.04.2023 at about 06.00 P.M. to be conducted at the Arulmighu Sri Nallamuthu Marizammal Temple at Vairavapuram Village, Karaikudi Taluk, Sivagangai District based on the Petitioner's representation dated 31.03.2023.

2. Mr.R.Suresh Kumar, 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, "Arulmighu Sri Nallamuthu Marizamman Temple'' at Vairavapuram Village, Karaikudi Taluk, Sivagangai District, is going to be held on 14.04.2023. Subsequent to the same, in order to conduct a cultural programme on 14.04.2023, they sought permission from the police by giving a representation dated 31.03.2023. 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.

2/5

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 further submitted that continuously there was a problem, when ever, event was arranged and continuos FIRs have been registered, over which, the apprehension of breach of peace by the respondents.

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 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 31.03.2023 and 3/5

also considering the submission made by the learned Government Advocate(Crl. Side), pass suitable order by taking into account the present situation in the locality. Depending upon the outcome of the representation dated 31.03.2023, the petitioner shall workout his remedy through appropriate proceedings.

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

05.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No tta To 1.The Deputy Superintendent of Police, Karaikudi, Sivagangai District & another 2.The Inspector of Police, Azhagappapuram Police Station, Azhagappapuram, Sivagangai District.

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

4/5

G.ILANGOVAN,J tta Order made in Dated : 05.04.2023 5/5