Madras High Court
P.Murugan vs The Superintendent Of Police on 28 June, 2023
Author: G.Chandrasekharan
Bench: G.Chandrasekharan
W.P.No.19100 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
W.P.No.19100 of 2023
P.Murugan ...Petitioner
Vs.
1.The Superintendent of Police,
Krishnagiri District,
Krishnagiri.
2.The Deputy Superintendent of Police,
Krishnagiri,
Krishnagiri District.
3.The Inspector of Police,
Barur Police Station,
Krishnagiri District. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India,
pleased to issue a Writ of Certiorarified Mandamus, calling for the records
of the 3rd respondent rejection order dated 14.06.2023 to quash the same to
issue consequential directions to the respondents to give police protection
and permit the petitioner to conduct the cultural programme and other events
of temple festival in the “Arulmigu Jothi Vinayagar, Nagasakthi Mariamman
Alayam” at Nagarkoil Village, Barur Post, Pochampalli Taluk, Krishnagiri
District on 29.06.2023 and the dance program will be conduct that same day.
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W.P.No.19100 of 2023
For Petitioner : Mr.R.Sreedharan
For Respondents : Mr.Leonard Arul Joshph Selvam
Government Advocate (Crl.Side)
ORDER
The Writ Petition has been filed for calling for the records of the 3rd respondent rejection order dated 14.06.2023 to quash the same to issue consequential directions to the respondents to give police protection and permit the petitioner to conduct the cultural programme and other events of temple festival in the “Arulmigu Jothi Vinayagar, Nagasakthi Mariamman Alayam” at Nagarkoil Village, Barur Post, Pochampalli Taluk, Krishnagiri District on 29.06.2023 and the dance program will be conduct on the same day.
2. The learned counsel for the petitioner submitted that the petitioner submitted a representation to the Inspector of Police, Barur Police Station, seeking permission for organizing Adal Padal event of “Arulmigu Jothi Vinayagar, Nagasakthi Mariamman Alayam” at Nagarkoil Village, Barur Post, Pochampalli Taluk, Krishnagiri District on 29.06.2023. The said representation was rejected on the ground that the permission to be obtained from this Court. Challenging the said order, this petition is filed.
3. Heard the learned counsel for the petitioner and the learned ________ https://www.mhc.tn.gov.in/judis Page 2 of 6 W.P.No.19100 of 2023 Government Advocate(Crl.side) for the respondent.
4. The Director General of Police, Tamil Nadu, Chennai, issued two circulars in Rc.No.159539/Crime.4(3)/2018 signed on 31.10.2018 and in Rc.007301/Genl.I(1)/2019, dated 09.04.2019 setting out the conditions to be imposed before permission is given for the Adal Padal program. Despite such circulars, the authorities to whom petitions are made for granting permission are not acting upon the circulars. When dealing with this issue of this Court in W.P.(MD) No.12535 of 2023 dated 24.05.2023, the Hon'ble Division Bench of this Court, this Court passed the following order:-
“15. Therefore, this Court, in order to give a quietus to such issues, disposes of this writ petition with the following directions:
(a)On the seventh day from the date of the receipt of the representation, for the conduct of the cultural program (Adal Padal), associated with any temple festival, if the authorities do not take steps either to grant permission or reject permission, there shall be a deemed permission on the eighth day;
(b)On such deemed permission, the organisers, who shall be the responsible members of the festival committee, shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted;
(c) The program shall not extend beyond 10 p.m.;
(d)No women participating in the cultural program would be depicted or portrayed in an obscene or undignified manner ________ https://www.mhc.tn.gov.in/judis Page 3 of 6 W.P.No.19100 of 2023 either in the form of clothing or otherwise;
(e) The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played;
(f) There shall be no supply of alcohol or any intoxicating material in and around the area where cultural program is scheduled to be held;
In case of violation of any conditions, it is open to the authorities to initiate such action as is required under law and the persons who are the organisers/committee members shall be held responsible. The Public Prosecutors shall ensure circulation of this order to the Superintendent of Police of all the Districts for issuing suitable instructions to their subordinate officers. No costs.”
5. Subsequently, the Director General of Police, Tamil Nadu, Chennai issued a circular in Rc.03316/General.I(1)/2023, dated 01.06.2023 giving guidelines for considering the request for permission to conduct Adal Padal programme. When clear directions are given to the respondent to consider the request for conducting Adal Padal program and pass orders either granting or rejecting the permission, driving the petitioner to approach this Court for getting order for conducting Adal Padal program is nothing but shriking the responsibility of the respondent and violation of the order passed by this Court and also the aforesaid circular issued by the Director General of Police, Tamil Nadu, Chennai.
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6. Therefore, on the expiry of the seventh day from the date of giving representations, it is deemed that the respondent gave permission for conducting Adal Padal program. The petitioner may conduct the Adal Padal program during “Arulmigu Jothi Vinayagar, Nagasakthi Mariamman Alayam” at Nagarkoil Village, Barur Post, Pochampalli Taluk, Krishnagiri District on 29.06.2023, as per the directions in Paragraph 15 of the order passed by this Court in W.P.(MD) No.12535 of 2023 dated 24.05.2023 and the Circular of Director General of Police, Tamil Nadu, Chennai in Rc.03316/General.I(1)/2023, dated 01.06.2023. As the respondent did not exercise the duty and responsibility expected from him, this Court directs the Superintendent of Police, Krishnagiri District, to take appropriate departmental action against the respondent/Inspector of Police for directing the petitioner to approach this Court for getting permission to conduct Adal Padal program.
7. With the above directions, this Writ Petition is disposed of. No costs.
28.06.2023
Index :Yes/No
Internet :Yes/No
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W.P.No.19100 of 2023
ep
G.CHANDRASEKHARAN, J.
ep
To
1.The Superintendent of Police,
Krishnagiri District,
Krishnagiri.
2.The Deputy Superintendent of Police,
Krishnagiri,
Krishnagiri District.
3.The Inspector of Police,
Barur Police Station,
Krishnagiri District.
4.The Public Prosecutor,
High Court of Madras.
W.P.No.19100 of 2023
28.06.2023
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