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Madras High CourtWP(MD)/11043/2022disposed of

Kottursamy.P v. The District Superintendent Of Police,

2022-06-07Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM P.Kottursamy

...Petitioner

Vs.

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

2.The District Superintendent of Police, Sankarankovil Sub Division, Tenkasi District.

3.The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.

4.The Sub Inspector of Police, Chinnakovilankulam Police Station, Tenkasi 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 respondent Nos.3 & 4 to grant permission and adequate police protection to conduct ''Arulmigu Sri Karuppasamy and Kaliamman Temple' function from 09.06.2022 to 11.06.2022 in a manner in par with the tradition, which was followed for decades in that temple, which is using of speakers for announcements and other purposes for which it is normally used in temple and install makeshift shed (Pandhal) for Annadhanam function.

For Petitioner : Mr.S.Saravanan For Respondents : Mr.M.Sakthikumar Government Advocate (crl.side)

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus to seek a directing the respondent Nos.3 & 4 to grant permission and adequate police protection to conduct ''Arulmigu Sri Karuppasamy and Kaliamman Temple' function from 09.06.2022 to 11.06.2022 in a manner in par with the tradition, 1/3

which was followed for decades in that temple, which is using of speakers for announcements and other purposes for which it is normally used in temple and install makeshift shed (Pandhal) for Annadhanam function.

2.Mr.M.Sakthikumar, learned Government Advocate (Criminal 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 petitioner submitted that temple festival, by name, Arulmigu Sri Karuppasamy and Kaliamman Temple, situated at Echam Pottalputhoor Village, Kadayanallur Taluk, Tenkasi District is going to be held on 09.06.2022 to 11.06.2022. Subsequent to the same, in order to conduct a function, they sought permission of the police by giving a representation dated 28.05.2022. But the respondent police has not considered the said representation. Since no order was passed, the petitioner has come before this Court for the above said relief. 4.The learned Government Advocate (criminal side) appearing for the respondent police would submit that the respondent police has received the representation of the petitioner and the same is pending for consideration.

5. I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent police.

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 third respondent is hereby directed to consider the representation of the petitioner dated 28.05.2022 and pass suitable orders based on the above said circular.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (RTI) // True Copy // 08/06/2022 Sub Assistant Registrar(CS) vsd 2/3

To 1.The District Superintendent of Police, Tenkasi District, Tenkasi.

2.The District Superintendent of Police, Sankarankovil Sub Division, Tenkasi District.

3.The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.

4.The Sub Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.

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

+1 CC to M/s.S.SARAVANAN, Advocate ( SR-24440[F] dated 07/06/2022 ) 07.06.2022 SVS(CO) GC(08.06.2022) 3P 7C 3/3