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Madras High CourtWP(MD)/9389/2023disposed of

Mohan.M v. The Deputy Superintendent Of Police

2023-04-21Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN M.Mohan ... Petitioner Vs.

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

2.The Inspector of Police, Salaigramam 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 2nd respondent to grant permission and necessary protection to perform the cultural program (ie.,) Adal Padal on 23.04.2023 at 07.00 pm to 11.00 pm in the evening of Arulmigu Sri Chellayee Amman Thirukovil Thiruvizha Salaigramam via, Ilayankudi Taluk, Sivagangai District, by consider the petitioner's representation dated 13.04.2023. For Petitioner : Mr. Krishna Kumar.J For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 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 to grant permission and necessary protection to perform the cultural program (ie.,) Adal Padal on 23.04.2023 at 07.00 pm to 11.00 pm in the evening of Arulmigu Sri Chellayee Amman Thirukovil Thiruvizha Salaigramam via, Ilayankudi Taluk, Sivagangai District, by consider the petitioner's representation dated 13.04.2023.

2. Mr.R.Suresh Kumar, the 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 Chellayee Amman Thirukovil Thiruvizha Salaigramam via, Ilayankudi Taluk, Sivagangai District", is going to be held on 23.04.2023. Subsequent to the same, in order to conduct a cultural programme on 23.04.2023, they sought permission of the Police by giving a representation dated 13.04.2023. But, the second respondent has not considered the said representation. 2/5

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 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 23.04.2023, 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 3/5

Director General of Police, the second respondent is hereby directed to consider the representation of the writ petitioner, dated 13.04.2023 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.

21.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu To 1.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Salaigramam 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 :21.04.2023 5/5