Gerald Andro.S v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2022 CORAM :
THE HONOURABLE MR.JUSTICE G.ILANGOVAN S.Gerald Andro ... Petitioner Vs 1.The Superintendent of Police, Kanyakumari District.
2.The Deputy Superintendent of Police, Colachel, Kanyakumari District.
3.The Inspector of Police, Eraniel Police Station, Kanyakumari District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to grant permission and protection to conduct the 'Light Music Orchestra' cultural event scheduled to be held on 05.10.2022 at about 09.00 p.m., in 'Kandanvilai St.Theresa of Infant Jesus' Church situated in the Kandanvilai Village of Kanyakumari District as part of their '99th Anniversary' Festival, along with light and sound arrangements by considering the petitioner's representation dated 23.09.2022 within the time that may be stipulated by this Court.
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For Petitioner : Mr.J.Bebin Joses For Respondents : Mr.R.Sivakumar, Government Advocate (Crl.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 and protection to conduct the 'Light Music Orchestra' cultural event scheduled to be held on 05.10.2022 at about 09.00 p.m., in 'Kandanvilai St.Theresa of Infant Jesus Church' situated in the Kandanvilai Village of Kanyakumari District as part of their "99th Anniversary" Festival, along with light and sound arrangements by considering the petitioner's representation dated 23.09.2022 within the time that may be stipulated by this Court.
2.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 petitioner submitted that temple Festival for the temple, by name, 'Kandanvilai St.Theresa of 2/5
Infant Jesus Church', at Kandanvilai Village, Kanyakumari District, is going to be held on 05.10.2022. Subsequent to the same, in order to conduct a cultural programme, the petitioner sought permission of the police by giving a representation dated 23.09.2022. 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 (Crl. 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.
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 3/5
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 23.09.2022 and pass suitable orders based on the above said circular, immediately.
7. With the above direction, this writ petition is disposed of. No costs.
28.09.2022 ta To 1.The Superintendent of Police, Kanyakumari District.
2.The Deputy Superintendent of Police, Colachel, Kanyakumari District.
3.The Inspector of Police, Eraniel Police Station, Kanyakumari District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN, J ta 28.09.2022 5/5