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Madras High CourtWP(MD)/20005/2022disposed of

Esakimuthu .K v. The Superintendent Of Police

2022-08-26Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM K.Esakimuthu

...Petitioner

Vs.

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

2.The Deputy Superintendent of Police, Tiruchanur, Thoothukudi District.

3.The Sub Inspector of Police, Arumuganeri Police Station, Thoothukudi 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 and necessary protection to conduct 'Aadalum Padalum' programme scheduled to be held on 02.09.2022 at 6.00 p.m in Arulmighu Shri Santhanamariamman Temple Festival situated at Mangalavadi Village, Kayalpatnam, Thoothukudi District based on the petitioner's representation, dated 01.08.2022 and 24.08.2022.

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For Petitioner : Mr.M.Pandian For Respondents : Mr.M.Sakthikumar Government Advocate (Crl.side)

ORDER

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents to grant permission and necessary protection to conduct 'Aadalum Padalum' programme scheduled to be held on 02.09.2022 at about 6.00 p.m in Arulmighu Shri Santhanamariamman Temple situated at Mangalavadi Village, Kayalpatnam, Thoothukudi District based on the petitioner's representations, dated 01.08.2022 and 24.08.2022. 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, Arulmighu Shri Santhanamariamman Temple situated at Mangalavadi Village, Kayalpatnam, Thoothukudi District, is going to be held on 02.09.2022. Subsequent to the same, in order to 2/5

conduct a cultural programme, they sought permission of the police by giving a representations dated 01.08.2022 and 24.08.2022. 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. 3/5

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 24.08.2022 and pass suitable orders based on the above said circular.

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

26.08.2022 Index : Yes / No Internet : Yes/ No vsd Note : Issue Order Copy on 30.08.2022 To 1.The Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Deputy Superintendent of Police, Tiruchanur, Thoothukudi District.

3.The Sub Inspector of Police, Arumuganeri Police Station, Thoothukudi District.

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

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V.SIVAGNANAM., J vsd 26.08.2022 5/5