Dismissed

P.Natarajan v. The Inspector of Police

Madras HC7 Jun 2023WP/16982/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a writ of mandamus directing the respondent police officer to grant permission for a cultural programme during a temple festival, relying on a representation that remained unconsidered. The Court held that based on a circular cited from a previous judgment, failure to respond within 7 days results in deemed permission.

What the court decided

AI extract

P.Natarajan Vs The Inspector of Police — Service and Employment | Madras HC (2023)

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W.P.No.16982 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.06.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

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W.P.No.16982 of 2023

P.Natarajan

...Petitioner

Vs.

The Inspector of Police, G-4, Keezhkuppam Police Station, Keezhkuppam, Kallakurichi District. ...Respondent

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PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondent to grant permission to conduct Cultural programme (Adal Padal Nigalchi) in the event of Sembakurichi Village Arulmigu Sree Thirisakthi Maha Mariyamman Temple Festival at Chinnasalem Taluk, Kallakurichi District on 09.06.2023 between 06.00 PM and 11.00 PM by considering the petitioner's representation dated 01.06.2023.

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For Petitioner : Mr.C.Nandhakumar

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For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

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ORDER

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The Writ Petition has been filed for directing the respondent to grant

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permission and police protection to conduct Cultural Programme (Adal

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Padal Nigalchi) in the event of Arulmigu Sree Thirisakthi Maha

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https://www.mhc.tn.gov.in/judis __________

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Page 1 of 6

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W.P.No.16982 of 2023

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Mariyamman Temple Festival at Sembakurichi Village, Chinnasalem Taluk, Kallakurichi District on 09.06.2023 between 06.00PM and 11.00 PM, by considering the petitioners representation dated 01.06.2023.

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2.The learned counsel appearing for the petitioner submitted that in order to conduct the cultural programme in the event of Arulmigu Sree Thirisakthi Maha Mariyamman Temple Festival at Sembakurichi Village, Chinnasalem Taluk, Kallakurichi District on 09.06.2023 between 6 PM and 11 PM, the petitioner has sent a representation dated 01.06.2023 to the respondent. But, the same has not been considered so far. Hence, the present writ petition has been filed.

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3.The learned Government Advocate (Crl.side) appearing for the respondent submitted that the respondent police has received the representation of the petitioner and the same is pending for consideration.

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I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent police.

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It is brought to the notice of this Court that the Director General of

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Police, Tamil Nadu, Chennai, had issued a Circular Memorandum in

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https://www.mhc.tn.gov.in/judis __________

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Page 2 of 6

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W.P.No.16982 of 2023

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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 8^th 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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For an easy understanding, relevant portion of Circular is extracted hereunder,

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“...

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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

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https://www.mhc.tn.gov.in/judis __________

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Page 3 of 6

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W.P.No.16982 of 2023

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permission for “Aadal Paadal Programme and Karakattam Programme”

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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;

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(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;

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(c)The program shall not extend beyond 10 p.m.;

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(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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(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;

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(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;

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In case of violation of any conditions, action has to be

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https://www.mhc.tn.gov.in/judis __________

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Page 4 of 6

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W.P.No.16982 of 2023

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initiated as required under law and the persons who are the organisers/committee members shall be held responsible.

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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.

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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.”

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In such circumstances, this Court is of the view that, if permission is not granted to conduct Aadal Paadal programme and Karakattam

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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.

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G.CHANDRASEKHARAN, J.

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https://www.mhc.tn.gov.in/judis __________

Page 5 of 6

W.P.No.16982 of 2023

kmm/mn

With the above direction, this Writ Petition is disposed of. No costs.

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07.06.2023

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Index :Yes/No Internet :Yes/No kmm/mn

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1.The Inspector of Police, G-4, Keezhkuppam Police Station, Keezhkuppam, Kallakurichi District.

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2.The Public Prosecutor, High Court of Madras.

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W.P.No.16982 of 2023

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https://www.mhc.tn.gov.in/judis __________

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_________ Page 6 of 6_

P.Natarajan v. The Inspector of Police

Case brief

What is this about?

What the court decided

P.Natarajan v. The Inspector of Police

Case brief

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