Therkudaiyar.M v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM M.Therkudaiyar

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Thalaiyuthu, Tirunelveli District.

2.The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli 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 grant permission to conduct musical programme and cultural programme in connection with the temple festival scheduled on 04.08.2022 from 5 PM to 12 AM in Sri Poolamadan @ Sri Murugandi Swamy Temple situated at Keelathengulam Village, Thalaiyuthu, Tirunelveli District, by using loud speakers as stated in the petitioner's representation, dated 21.06.2022.

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For Petitioner : Mr.R.J.Karthick For Respondents : Mr.M.Sakthi Kumar, Government Advocate, (Criminal Side).

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to grant permission to conduct musical programme and cultural programme in connection with the temple festival scheduled on 04.08.2022 from 5 PM to 12 AM in Sri Poolamadan @ Sri Murugandi Swamy Temple situated at Keelathengulam Village, Thalaiyuthu, Tirunelveli District, by using loud speakers as stated in the petitioner's representation, dated 21.06.2022.

2. The 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.

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3. The learned counsel appearing for the petitioner submitted that "Kodai Vizha" festival for the temple, by name, Sri Poolamadan @ Sri Murugandi Swamy Temple situated at Keelathengulam Village, Thalaiyuthu, Tirunelveli District is going to be held on 04.08.2022 and 05.08.2022. Subsequent to the same, in order to conduct a cultural programme on 04.08.2022, they sought permission of the police by giving a representation dated 21.06.2022. But, the respondents have 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 respondents have 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. 3/6

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 respondent police is hereby directed to consider the representation of the petitioner, dated 21.06.2022 and pass suitable orders based on the above said circular.

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

04.07.2022 Index :Yes/No Internet : Yes/ No Nsr 4/6

To 1.The Deputy Superintendent of Police, Thalaiyuthu, Tirunelveli District.

2.The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

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

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V.SIVAGNANAM, J.

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