T. B. S. S. C. S. Vadamalai Rajya Pandiyan v. Superintendent of Police, Theni
2023-04-13
G.ILANGOVAN
body2023
DigiLaw.ai
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to provide permission to conduct the cultural programme namely Adalum Padalum on 16.04.2023 and 22.04.2023 in connection with Arulmiku Paramasivan Malaikovil Sithirai Thiruvizha at Bodinayakanur, Theni District, and to provide adequate security to the festival.) 1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the 3rd respondent to provide permission to conduct the cultural programme namely Adalum Padalum on 16.04.2023 and 22.04.2023 in connection with Arulmiku Paramasivan Malaikovil Sithirai Thiruvizha at Bodinayakanur, Theni District, and to provide adequate security to the festival. 2. Mr. R.Sureshkumar, 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, “Arulmiku Paramasivan Malaikovil Sithirai Thiruvizha at Bodinayakanur, Theni District”, is going to be held on 16.04.2023 to 22.04.2023. Subsequent to the same, in order to conduct a cultural programme on 16.04.2023 and 22.04.2023, they sought permission of the Police by giving a representation dated 29.03.2023. But, the third 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 16.04.2023 and 22.04.2023, and also submitted that the third 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 the Inspectors of Police throughout Tamil Nadu for consideration of applications seeking permission for conducting cultural programme.
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 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 third respondent is hereby directed to consider the representation of the writ petitioner, dated 29.03.2023 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.