Duraisamy.C v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR C.Duraisamy ... Petitioner Vs
1. The Superintendent of Police, Tenkasi District, Tenkasi.
2.The Inspector of Police, Thiruvenkadam 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 respondents to grant permission and necessary protection to conduct the "Adal Padal" Programme on 18.02.2023 at 07.00 pm to 12.00 am in connection with "Sivarathiri Thiru Vizha" of Arulmigu Sri Thirukkotti Ayyanar Thirukovil at Perunkottur Village, Thiruvenkadam Taluk, Tenkasi District.
For Petitioner : Mr.V.Manikandan, For Respondents : MrE.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 and necessary protection to conduct the "Adal Padal" Programme on 18.02.2023 at 07.00 pm to 12.00 am in connection with "Sivarathiri Thiru Vizha" of Arulmigu Sri Thirukkotti Ayyanar Thirukovil at Perunkottur Village, Thiruvenkadam Taluk, Tenkasi District. 2.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 "Sivarathiri Thiru Vizha" at Arulmigu Sri Thirukkotti Ayyanar Thirukovil at Perunkottur Village, Thiruvenkadam Taluk, Tenkasi District, is going to be held on 18.02.2023. Subsequent to the same, in order to conduct a Adal Padal programme on the same day (18.02.2023), they sought permission of the police by giving a representation dated 09.12.2022. But, the second respondent has not considered the said representation. 2/6
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 Adal Padal programme was conducted in the previous year in pursuance of the permission granted by this Court, there was a law and order problem and two FIRs came to be registered. He would further submit that they may be permitted to conduct the programme on 18.02.2023 from 07.00 p.m. to 10.00 p.m.
5. At this juncture, the learned counsel appearing for the writ 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 Rc.007301/Genl.I (1)/2019, dated 09.04.2019, along with instructions to 3/6
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 18.02.2023 and also take note of the FIRs registered in the last year also and pass suitable orders based on the above said circular.
8. With the above direction, this writ petition is disposed of. No cost.
23.12.2022 Index :Yes/No Internet : Yes/ No das 4/6
To
1. The Superintendent of Police, Tenkasi District, Tenkasi.
2.The Inspector of Police, Thiruvenkadam Police Station, Tenkasi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J das Order made in 23.12.2022 6/6