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Madras High Court

Thangaraj vs The Superintendent Of Police on 3 April, 2023

Author: G.Ilangovan

Bench: G.Ilangovan

                                                                              W.P(MD)No.7336 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED:03.04.2023

                                                       CORAM :

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                               W.P(MD)No.7336 of 2023

                     Thangaraj                                           ... Petitioner
                                                          Vs.

                     1. The Superintendent of Police,
                        Theni District.

                     2. The Inspector of Police,
                        Odaipatti Police Station,
                        Theni 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 herein to grant permission and give police protection to
                     conduct the programs like Karagattam and Naiyandi Melam on
                     25.04.2023 at 07.00 p.m on 26.04.2023 “Adal Padal Programme” dance
                     program at about 6.00 p.m in pursuance to the festival of “Arulmigu Sri
                     Mahalakshmi and Sri Mariyamman Thirukovil” situated in Odaipatti
                     Village, Uthamapalayam Taluk, Theni District, by considering the
                     petitioner's representation dated 27.03.2023.


                                     For Petitioner     : Mr. Gandhirajan M
                                     For Respondents    : Mr.S.Manikandan
                                                          Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis
                                                                                    W.P(MD)No.7336 of 2023




                                                           ORDER

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents herein to grant permission and give police protection to conduct the programs like Karagattam and Naiyandi Melam on 25.04.2023 at 07.00 p.m on 26.04.2023 “Adal Padal Programme” dance program at about 6.00 p.m in pursuance to the festival of “Arulmigu Sri Mahalakshmi and Sri Mariyamman Thirukovil” situated in Odaipatti Village, Uthamapalayam Taluk, Theni District, by considering the petitioner's representation dated 27.03.2023.

2. Mr.S.Manikandan, 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 writ petitioner submitted that festival for the temple, by name, “ Arulmigu Sri Mahalakshmi and Sri Mariyamman Thirukovil” situated in Odaipatti Village, Uthamapalayam Taluk, Theni District, is going to be held on 25.04.2023 and 26.04.2023. Subsequent to the same, in order to conduct a cultural 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7336 of 2023 programme on 25.04.2023 and 26.04.2023, they sought permission of the Police by giving a representation dated 27.03.2023. But, the second respondent has not considered the said representation. Since no order was passed, the writ petitioner has come before this Court for the above said relief.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that he has no objection for granting permission to conduct a cultural programme subject to time restriction in between 07.00 p.m to 10.00 p.m. on 25.04.2023 and 26.04.2023, and also submitted that the second respondent has received the representation of the writ petitioner and the same is pending for consideration.

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

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 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7336 of 2023 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 second respondent is hereby directed to consider the representation of the writ petitioner, dated 27.03.2023 and pass suitable orders based on the above said circular, in the light of the above submission made by the learned Additional Public Prosecutor.

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

03.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7336 of 2023 To

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

2. The Inspector of Police, Odaipatti Police Station, Theni District.

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

5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7336 of 2023 G.ILANGOVAN, J Indu Order made in W.P(MD)No.7336 of 2023 Dated :03.04.2023 6/6 https://www.mhc.tn.gov.in/judis