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2019 DIGILAW 2038 (MAD)

E. Lakshmanan v. Sub-Inspector of Police, Maruvathur Police Station, Perambalur

2019-08-06

C.V.KARTHIKEYAN, VINEET KOTHARI

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ORDER : Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to give permission to conduct the Gramiya Aadal Paadal programme scheduled to be held on 10.07.2014 at Arulmigu Sri Visalakshi Udanurai Sri Kasiviswanathar Temple Festival, Eraya Samuthiram, Kalpadi Panchayat, Perambalur District, by considering the petitioner's representation, dated 02.07.2014. 1. This batch of Writ Petitions has been filed by various petitioners, seeking a mandamus to the respondents, namely, Sub-Inspector of Police concerned, to consider their representation to conduct Gramiya Aadal Paadal Programme, which was scheduled to be held on 10.07.2014 and various other dates. 2. Today, when these matters are taken up for hearing, Mr. A.N. Thambidurai, learned Special Government Pleader, appearing for the respondent-State, has submitted that in view of the said function having already been conducted on the aforesaid dates, all these Writ Petitions have become infructuous. 3. Learned counsel for various petitioners also similarly submitted that all these Writ Petitions have become infructuous, as the Aadal Paadal Programmes in question have already been conducted. 4. It is brought to our notice that a learned Single Judge of this Court in the present case, namely, W.P. No. 17950 of 2014, E. Lakshmanan vs. The Sub-Inspector of Police, Maruvathur Police Station, Perambalur and W.P. No. 17996 of 2014, P. Sundaram vs. The Inspector of Police, Sendurai Police Station and Another, has referred the following Question of Law, to be considered by a Larger Bench of this Court: “Whether a Writ of Mandamus can be issued directing the jurisdictional Police Officer to accord permission for conducting cultural dance and song programme in temple festivals? Accordingly, on the orders of the Hon'ble Chief Justice, the matter is placed before us.” 5. It is further brought to our notice that a co-ordinate Bench of this Court at Madurai has dealt with similar issue in a Batch of Writ Petitions on 10.08.2018 in W.P. (MD) No. 17731 of 2018, G. Raja vs. The Superintendent of Police, Thanjavur and Another and other connected matters and disposed of the same by the following order: “These Writ Petitions have been filed as Public Interest Litigations seeking directions to the respondents to accord permission and protection for the functions and to conduct Aadal-Padal Cultural Programme. 2. We are of the view that no public interest is involved in these Writ Petitions. 2. We are of the view that no public interest is involved in these Writ Petitions. We feel that the need to approach this Court would not have arisen, if the respondent police considered the request of the petitioners within a reasonable time, i.e. at least two days from the date of receipt of representations. Thus, without expressing any opinion on the merits of the case, we direct the Inspector of Police/Sub- Inspector of Police concerned in all the Writ Petitions to consider and pass appropriate orders on the representations submitted by the petitioners within a period of two days. In the event of granting permission, the respondent police shall always impose any reasonable conditions, as has been imposed in the earlier occasions. 3. Considering the issue involved, which will be recurring in nature, we direct the Inspector General of Police, South Zone and the Central Zone to issue appropriate directions in this regard to all the police officers concerned coming within their jurisdiction, who would be otherwise dealing with such cases, to take decisions within a period of two days from the date of receipt of representations from the petitioners so that the Courts will not be troubled. 4. It is brought to the notice of this Court by Mr. K. Chellapandian, learned Additional Advocate General, assisted by Mr. A.K. Baskarapandian, learned Special Government Pleader, that the Writ Petitions are being filed, after giving representations in the previous days. 5. We find considerable force in the said submission made by the learned Additional Advocate General. Our directions can never be implemented, if the petitioners rush to this Court on the very next day, after giving representations. Therefore, the persons, who seek permission to conduct cultural programme, are required to give representations at least two weeks before the proposed cultural programmes and thereafter, the directions, as given above, will have to be complied with by the police officer concerned. 6. All the Writ Petitions are disposed of on the above terms. No costs.” 6. Having heard the learned counsel for the parties and also the learned Special Government Pleader, we respectfully agree with the aforesaid view expressed by the co-ordinate Bench at Madurai on 10.08.2018. 7. 6. All the Writ Petitions are disposed of on the above terms. No costs.” 6. Having heard the learned counsel for the parties and also the learned Special Government Pleader, we respectfully agree with the aforesaid view expressed by the co-ordinate Bench at Madurai on 10.08.2018. 7. Accordingly, we dispose of all these Writ Petitions with a direction to the petitioners and other similarly situated persons, in future also, to first make a representation to the Inspector of Police/Sub-Inspector of Police of the Police Station concerned, where such functions have to be held and seek appropriate permission from him/her, as indicated in the aforesaid order passed by the co-ordinate Bench. The Police Officials concerned are supposed to decide such representations as expeditiously as possible, preferable within two weeks from the date of submission of the representations. It is if any adverse order is passed against the petitioners on making such representations, then only, the petitioners can approach this Court by way of a Writ Petition. The petitioners, cannot, therefore, be permitted to directly file Writ Petitions seeking a mandamus to the Police Officials, particularly to consider their representations. 8. Reference made by the learned Single Judge is answered as above. 9. Accordingly, all these Writ Petitions are disposed of with the aforesaid direction, following the decision of the co-ordinate Bench of this Court at Madurai. No costs. Consequently, the connected W.M.P. are closed. 10. Registry is directed to forward a copy of this order to the Chief Secretary, Government of Tamil Nadu, Chennai and also the Director General of Police, Tamil Nadu, Chennai, to circulate the copy to all the Police Stations in the State.