This writ petition challenged the delay in permission for a cultural programme. The court relied on a District Police Circular stating that failure to decide within 7 days grants deemed permission, directing the petitioner to proceed subject to specific conditions.
No relief granted; the petition was disposed of by declaring deemed permission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.16927 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
W.P.No.16927 of 2023
Rajkumar
... Petitioner
Vs.
The Inspector of Police, Attur Town Police Station, Salem District - 636 102. ... Respondent
Prayer: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondent authority to give permission to conduct Cultural Programme (Adalpadal) at Salem District, Attur Taluk, Attur, Uppu Odai Sri Selva Mariyamman Thirukovil Festival on 10.06.2023 by considering the petitioner's representation dated 31.05.2023.
For Petitioner : Mr.M.Vigneshwaran
For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
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W.P.No.16927 of 2023
ORDER
The Writ Petition has been filed to direct the respondent authority to
give permission to conduct Cultural Programme (Adalpadal) at Salem District, Attur Taluk, Attur, Uppu Odai Sri Selva Mariyamman Thirukovil Festival on 10.06.2023 by considering the petitioner's representation dated 31.05.2023.
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W.P.No.16927 of 2023
for the petitioner and the learned Government Advocate (Crl.side) appearing
for the respondent police.
Police, Tamil Nadu, Chennai, had issued a Circular Memorandum in Rc.03316/General.I(1)/2023, dated 01.06.2023, along with instructions to the Superintendents of Police in Districts and their Subordinate Officers throughout Tamil Nadu for granting permission for conducting cultural programme. As per this circular and guidelines issued by the Director General of Police, the concerned Police officer has to either grant or reject the permission sought, for conducting Aadal Paadal programme and Karakattam programme during Temple Festival within 7 days from the date of receipt of representation. If permission is not granted within a period of 7 days from the date of receipt of petitioner's representation, it is deemed that permission is granted on the 8th day and petitioner can proceed with the celebration of Aadal Paadal programme and Karakattam programme during the Temple Festival, subject to, following the conditions laid down in the Circular Memorandum.
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W.P.No.16927 of 2023
hereunder,
“...
2) The Hon'ble High Court of Madras in W.P.No.(MD).No.12535/2023 dated 24.05.2023 have issued the following directions to all the Superintendents of Police in Districts and their subordinate officers for granting permission for “Aadal Paadal Programme and Karakattam Programme”
a) On the seventh day from the date of the receipt of the representation, for the conduct of the cultural program (Aadal Paadal), associated with any temple festival, if the authorities do not take steps either to grant permission or reject permission, there shall be a deemed permission on the eighth day;
(b) On such deemed permission, the organizers, who shall be the responsible members of the festival committee, shall ensure that only cultural programs having some relevance to the temple or the festival in question would be conducted and there shall not be any obscene display/dance being conducted;
(c) The program shall not extend beyond 10 p.m.;
(d) No women participating in the cultural program would be depicted or portrayed in an obscene or undignified manner either in the form of clothing or otherwise;
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W.P.No.16927 of 2023
(e) The music that shall be used shall be in sync with the precincts of the temple and double meaning songs should not be played;
(f) There shall be no supply of alcohol or any intoxicating material in and around the area where cultural program is scheduled to be held;
In case of violation of any conditions, action has to be initiated as required under law and the persons who are the organisers/committee members shall be held responsible.
3) Therefore, the Station House Officers should examine the request of the petitioner thoroughly and take steps, either to grant permission or reject permission within 7 days without fail.
4) All the Commissioners of Police in cities and all the Superintendents of Police in Districts are hereby instructed to sensitize the Station House Officers under their control on these instructions. They will also ensure their instructions are complied with, in letter and spirit. Any violation will be viewed adversely and appropriate disciplinary action should be initiated against the delinquent Station House Officers.”
not granted to conduct Aadal Paadal programme and Karakattam
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W.P.No.16927 of 2023
programme during Temple Festival within 7 days from the date of receipt of representation by the petitioner, petitioner can proceed with the celebration of Aadal Paadal programme and Karakattam programme during Temple Festival by following the conditions laid down in the Circular Memorandum in Rc.03316/General.I(1)/2023, dated 01.06.2023.
07.06.2023
Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No Speaking Order/Non-Speaking Order arb
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W.P.No.16927 of 2023
To
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W.P.No.16927 of 2023
G.CHANDRASEKHARAN, J.
arb
W.P.No.16927 of 2023
07.06.2023
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2 issues framed by the court
Whether the petitioner is entitled to conduct a cultural programme deemed to be permitted if the police authority fails to grant or reject permission within 7 days of receiving the application.
What conditions must the petitioner follow upon exercising deemed permission for a cultural programme during a temple festival.
1 provisions across 1 enactments
Rajkumar
The Inspector of Police, Attur Town Police Station, Salem District
G. Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
