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Madras High Court

Senthilkumar vs The Deputy Superintendent Of Police on 3 March, 2023

                                                                            W.P(MD)No.4463 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 03.03.2023

                                                    CORAM :

                            THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                            W.P(MD)No.4463 of 2023

                     Senthilkumar                                               ... Petitioner

                                                          Vs.

                     1.The Deputy Superintendent of Police,
                       Pudukkottai, Pudukkottai District.

                     2.The Inspector of Police,
                       Vellanur South Police Station,
                       Pudukkottai 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 to provide police protection to
                     conduct the “Adalum Padalum” dance programme on 03.03.2023 in
                     pursuant to teh “Maha Kumbahishekam” at “Arulmigu Kosuvayee
                     Amman and Pattavan Thirukovil, situated at Poongudi, Vellanur,
                     Kulathur Taluk, Pudukkottai District, by considering the petitioner's
                     representation, dated 28.02.2023.


                                  For Petitioner        : Mr.D.Rameshkumar,
                                  For Respondents       : Mr.E.Antony Sahaya Prabahar
                                                          Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis
                                                                                    W.P(MD)No.4463 of 2023




                                                           ORDER

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents to grant permission and to provide police protection to conduct the “Adalum Padalum” dance programme on 03.03.2023 in pursuant to the “Maha Kumbahishekam” at “Arulmigu Kosuvayee Amman and Pattavan Thirukovil, situated at Poongudi, Vellanur, Kulathur Taluk, Pudukkottai District, by considering the petitioner's representation, dated 28.02.2023.

2. Mr.E.Antony Sahaya Prabahar, 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 writ petitioner submitted that “Maha Kumbahishekam” at “Arulmigu Kosuvayee Amman and Pattavan Thirukovil, situated at Poongudi, Vellanur, Kulathur Taluk, Pudukkottai District, is going to be held on 03.02.2023. Subsequent to the same, in order to conduct Adalum Padalum dance programme on 03.03.2023, they sought permission of the police by giving a 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.4463 of 2023 representation dated 28.02.2023. 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 the second respondent has received the representation of the writ petitioner and the same is pending for consideration. He would further submit that they may be permitted to conduct the programme on 03.03.2023, 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 writ 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 https://www.mhc.tn.gov.in/judis W.P(MD)No.4463 of 2023 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 undertaking 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 28.02.2023 and pass suitable orders based on the above said circular.

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

03.03.2023 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das Note : Issue order copy on 03.03.2023.

4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.4463 of 2023 To

1.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Vellanur South Police Station, Pudukkottai 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.4463 of 2023 K.MURALI SHANKAR, J das Order made in W.P(MD)No.4463 of 2023 03.03.2023 6/6 https://www.mhc.tn.gov.in/judis