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2023 DIGILAW 813 (MAD)

Saravanan v. Superintendent of Police, Sivagangai

2023-03-03

K.MURALI SHANKAR

body2023
JUDGMENT (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 protection for cultural event,namely, Adal Padal scheduled to be held on 04.03.2023 at night in connection with “Nilavu Eduppu Festival” at Therku Theru, Karaikudi Taluk, Sivagangai District, by considering the petitioner''s representation,dated 01.03.2023.) 1. The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the respondents to grant permission and protection for cultural event, namely, Adal Padal scheduled to be held on 04.03.2023 at night in connection with “Nilavu Eduppu Festival” at Therku Theru, Karaikudi Taluk, Sivagangai District, by considering the petitioner''s representation, dated 01.03.2023. 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 “Nilavu Eduppu Festival” at Therku Theru, Karaikudi Taluk, Sivagangai District, is going to be held on 04.03.2023. Subsequent to the same, in order to conduct Adal Padal programme on 04.03.2023, they sought permission of the police by giving a representation dated  01.03.2023. 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 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 04.03.2023, 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 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. 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 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 01.03.2023 and pass suitable orders based on the above said circular. 8. With the above direction, this writ petition stands disposed of. No costs.