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Madras High CourtWP/5686/2023disposed of

A.Dhatshanamoorthy v. The State Rep. By

2023-03-03Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN A.Dhatshanamoorthy ... Petitioner Vs 1.The State Rep. by The Circle Inspector of Police, Banavaram Police Circle, Arakkonam Division, Ranipet District.

2.State Rep. by The Inspector of Police, Nemili Police Station, Ranipet District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, to call for the records related to the impugned order dated 13.02.2023 bearing Na.Ka.No.12/Ka.Aa/Pa.Ka.Circle/2023 passed by the Circle Inspector of Police, Banavaram Police Circle, Arakkonam Division, Ranipet District the 1st Respondent herein and consequently direct the Respondents herein to given permission to the Petitioner to conduct the Arulmigu Shree Selliyamman Temple Festival followed by the same day on 05.03.2023 at

night 9.00 p.m., a devotional musical orchestra in the Petitioner's village namely Periyathennal Village, Nemili Taluk, Ranipet District by considering the Petitioner's representation dated 13.02.2023. For Petitioner : Mr.R.Sasikumar For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed to call for the records related to the impugned order dated 13.02.2023 bearing Na.Ka.No.12/Ka.Aa/Pa.Ka.Circle /2023 passed by the Circle Inspector of Police, Banavaram Police Circle, Arakkonam Division, Ranipet District, the 1st Respondent herein and to direct the respondent police to grant permission to conduct the cultural programme of Adal Padal in the event of "Arulmigu Shree Selliyamman Temple Festival at Periyathennal Village, Nemili Taluk, Ranipet District on 05.03.2023 at night 9.00 p.m., by considering the petitioner's representation dated 13.02.2023.

2.The learned counsel appearing for the petitioner submitted that in order to conduct the cultural programme in the event of "Arulmigu Shree Selliyamman Temple Festival at Periyathennal Village, Nemili Taluk, Ranipet District on 05.03.2023 at night 9.00 p.m., the petitioner has sent a

representation dated 13.02.2023 to the respondent police. But, the same was rejected by the respondent by its proceedings in Na.Ka.No.12/Ka.Aa/Pa.Ka dated 13.02.2023. Challenging the rejection order and also seeking permission for conducting festival, the present writ petition has been filed. 3.The learned Government Advocate (Crl.side) appearing for the respondents submitted that during the year 2022, when the temple festival conducted, some kabadi players sustained injuries for the reason that no proper medical facilities was arranged by the organizers. In 2023, during the festival, four devotees had died and also there is a possibility of spread of Covid-19. For all these reasons, representation of the petitioner dated dated 13.03.2023 was rejected.

4. In response, learned counsel for the petitioner submitted that there was no plan to organize Aagamayamalai with the use of Crane. Only Adal Padal event is planned.

5. In the light of the submissions made by the learned counsel

appearing for the parties, this Court directs the petitioner to submit a fresh representation immediately mentioning specific events as to how they are going to celebrate "Arulmigu Shree Selliyamman Temple Festival at Periyathennal Village, Nemili Taluk, Ranipet District on 05.03.2023. On such receipt, the respondents are directed to consider the representation and pass suitable orders immediately in the manner known to law.

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

03.03.2023 Index :Yes/No Internet:Yes/No sma NOTE : Registry is directed to issue order copy today 03.03.2023 To

1.The Circle Inspector of Police, Banavaram Police Circle, Arakkonam Division, Ranipet District.

2.The Inspector of Police, Nemili Police Station, Ranipet District.

3.The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN, J.

Sma 03.03.2023