Chennai: The Madras high court has held that persons cannot be permitted to directly file petitions seeking direction to police to consider their representations (which were sent the previous day) to conduct cultural dance and song programmes in temple festivals.
Answering a question of law referred to it as to 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, a division bench comprising Justices Vineet Kothari and C.V.Karthikeyan gave the above finding.
The bench said it was brought to its notice that a co-ordinate bench of this court at Madurai has dealt with similar issue in a batch of petitions on August 10, 2018. In that order, the bench had directed the IG to issue appropriate directions to all police officers concerned to take a decision within a period of two days from the date of receipt of representations from the petitioners, seeking permission to conduct cultural programmes, so that the courts will not be troubled. After it was brought to its notice that that petitions were being filed, after giving representations in the previous days, the bench had said the persons who seek permission to conduct cultural programmes, were required to give representations at least two weeks before the proposed cultural programmes. “We resp-ectfully agree with the aforesaid view expressed by the co-ordinate Bench at Madurai on August 10, 2018,” the bench added.
Disposing of a batch of petitions, which sought a direction to the police to permit them to conduct Gramiya Aadal Paadal Programmes in temple functions, the bench said 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 officers concerned were supposed to decide such representations as expeditiously as possible, preferably within two weeks from the date of submission of the representations. It was if any adverse order was passed against the petitioner (s) on making such representation, then only the petitioner(s) 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,” the bench added.
