Anbalagan.V v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 24.04.2023

CORAM:

The Hon`ble Mr.Justice G.ILANGOVAN W.P(MD).No.9460 2023 V.Anbalagan ... Petitioner Vs 1.The Inspector of Police, Rayappanpatti police station, Theni District.

2.The Sub Inspector of Police, Rayappanpatti Police station, Theni District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 2nd respondent dated 17.04.2023 and quash the same and consequently direct the respondents herein to permit the petitioner to perform Chithirai Festival in A/m. Shri Saththavu Rayan Temple at Kamaya Goundanpatti, Uthamapalayam Taluk, Theni District scheduled from 05.05.2023 to 07.05.2023 with cultural programme of 'A MASQUERADE PROGRAMME and KERALA KALACHARA PANPATTU KUZHU KATHAKALI NADANAM" scheduled on 07.05.2023 afternoon and night.

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For Petitioner : Mr.K.Appadurai For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 2nd respondent dated 17.04.2023 and quash the same and consequently direct the respondents herein to permit the petitioner to perform Chithirai Festival in Arul mighu Shri Saththavu Rayan Temple at Kamaya Goundanpatti, Uthamapalayam Taluk, Theni District scheduled from 05.05.2023 to 07.05.2023 with cultural programme of 'A Masquerade Programme and Kerala Kalachara Panpattu Kuzhu Kathakali Nadanam' scheduled on 07.05.2023 afternoon and night.

2. Mr.Mr.B.Nambiselvan, Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 2/6

3. The learned Additional Public Prosecutor appearing for the respondent police submitted that in order to conduct the above said drama on from 05.05.2023 to 07.05.2023 in Arul mighu Shri Saththavu Rayan Temple at Kamaya Goundanpatti, Uthamapalayam Taluk, Theni, the writ petitioner has sent a representation dated 17.04.2023 to the second respondent and the second respondent has passed the impugned order rejecting the writ petitioner's representation stating there is a possibility of law and order problem. He further submitted that the the first respondent, who is the compentent authority, is ready to consider the petitioner's representation.

4. At this juncture, the learned counsel appearing for the writ petitioner would submit that they are ready to give a fresh representation before the concerned respondent police.

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.

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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 programme. Therefore, in view of the detailed circular and guidelines issued by the Director General of Police, the writ petitioner is directed to give a fresh representation seeking permission for the aforesaid Drama, before the second respondent and on such representation, the second respondent is hereby directed to consider the same and pass orders on merits and in accordance with law, without being influenced by the earlier rejection order, immediately based on the above said circular.

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

24.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 4/6

To 1.The Inspector of Police, Rayappanpatti police station, Theni District.

2.The Sub Inspector of Police, Rayappanpatti Police station, Theni District.

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

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G.ILANGOVAN,J pnn

ORDER

IN W.P(MD).No.9460 2023 Date: 24.04.2023 6/6