Senthilkumar .R v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR R.Senthilkumar ... Petitioner Vs 1.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Ponnamaravathi, Pudukkottai District.

2.The Inspector of Police, Thirumayam Police Station, Thirumayam, Pudukkottai 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 to perform the programme of 'Adal Padal' on 31.12.2022 night at about 06.00 pm to 11.00 am at Kannankarakudi Village, Thirumayam Taluk, Ramachandrapuram Post, Panagudi Circle, Arulmigu Sri Dharmasastar Temple, Pudukkottai District and to provide adequate police protection based on the petitioner's representation, dated 08.12.2022. For Petitioner : Mr.K.Sridhar, For Respondents : Mr.E. Antony Sahaya Prabahar, Additional Public Prosecutor.

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O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the respondents to grant permission to perform the programme of 'Adal Padal' on 31.12.2022 night at about 06.00 pm to 11.00 am at Kannankarakudi Village, Thirumayam Taluk, Ramachandrapuram Post, Panagudi Circle, Arulmigu Sri Dharmasastar Temple, Pudukkottai District and to provide adequate police protection based on the petitioner's representation, dated 08.12.2022.

2. Mr.E. Antony Sahaya Prabahar, the learned Additional Public Prosecutor 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 of Arulmigu Sri Dharmasastar Temple, at Kannankarakudi Village, Thirumayam Taluk, Ramachandrapuram Post, Panagudi Circle, Pudukkottai District, is going to be held on 31.12.2022. Subsequent to the same, in order to conduct 'Adal Padal' on the same day (i.e, 31.12.2022) at 06.00 pm to 11.00 pm, they sought permission of the 2/6

police by giving a representation dated 08.12.2022. But, the second respondent 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 Additional Public Prosecutor appearing for the respondents would submit that the second respondent has received the representation of the petitioner and the same is pending for consideration. He would further submit that he may be permitted to conduct the programme on 31.12.2022 from 07.00 pm to 10.00 pm.

5. At this juncture, the learned counsel appearing for the petitioner would submit that they are ready to conduct the programme as stated by the learned Additional Public Prosecutor.

6. I have considered the submission of the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

7. It is brought to the notice of this Court that the Director General of Police, Tamil Nadu, Chennai had issued a circular memorandum in 3/6

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 writ petitioner is directed to file an affidavit incorporating the date and time of the cultural programme before the second respondent police and on such filing, the second respondent police is hereby directed to consider the representation of the writ petitioner, dated 08.12.2022 and pass suitable orders based on the above said circular.

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

14.12.2022 Index :Yes/No Internet : Yes/ No das 4/6

To 1.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Ponnamaravathi, Pudukkottai District.

2.The Inspector of Police, Thirumayam Police Station, Thirumayam, Pudukkottai District.

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

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K.MURALI SHANKAR, J das 14.12.2022 6/6